111 CMR: MASSACHUSETTS COMMISSION FOR THE BLIND

9.001: Purpose

The purpose of 111 CMR 9.001 et seq. is to establish standardized procedures for the Massachusetts Commission for the Blind (MCB) and MCB funded programs regarding the review of criminal records of candidates for employment or regular volunteer or training positions. The Criminal History Systems Board (CHSB) has authorized Executive Office of Health and Human Services (EOHHS) agencies and their vendor agencies to receive criminal record information regarding present or prospective employees in any program funded or operated by such agencies.

9.002: Policy

In order to ensure that employees or other persons regularly providing client or Support services in any program or facility of the Massachusetts Commission for the Blind or in vendor agency programs funded by MCB are appropriate for serving in their positions, a Criminal Offender Record Information (CORI) check shall be performed on candidates for positions in such programs or facilities, as provided in these regulations. It is the policy of EOHHS and the Massachusetts Commission for the Blind that convictions of certain crimes pose an unacceptable risk to the vulnerable populations served by the Massachusetts Commission for the Blind and its vendor agencies. These regulations set forth minimum standards. Stricter standards may be set by vendor agencies.

9.003: Scope

These regulations apply to candidates seeking employment or regular trainee or volunteer positions in the Massachusetts Commission for the Blind and its vendor agency programs.

9.004: Authority

111 CMR 9.000 is promulgated pursuant to M.G.L. c.6, ss. 130 and 131J

9.005: Definitions

Candidate: Any person to be offered employment or a position as a regular volunteer or trainee to provide services for or on behalf of the Massachusetts Commission for the Blind or its vendor agency programs. Employment includes but is not limited to placement in: state positions; federal positions, positions funded by grants, bonds or other capital outlay; and vendor agency positions.

Community Service Worker: Any individual who, as a condition of probation, applies to be a candidate.

Criminal History Systems Board (CHSB) EOHHS CORI Unit: The EOHHS sponsored unit within the Criminal History Systems Board which processes requests for CORI information from EOHHS agencies and offers technical assistance with any question arising from the results of a search.

Criminal Justice Official: Either the candidate's probation officer, parole officer or correctional facility superintendent (or designee), depending upon the person having the most recent responsibility for supervision of the candidate. In cases where the candidate was last supervised in a correctional facility, the candidate may advise the hiring authority of any employee of the correctional facility who may have specific information about the candidate that would assist the superintendent or designee in his/her assessment process.

Criminal Offender Record Information (CORI): Information regulated by the Criminal History Systems Board and maintained by the Board of Probation regarding the criminal histories of persons within the Massachusetts Court system.

CORI Cleared Employee: Any candidate previously hired as an employee after successfully satisfying the requirements of the CORI policy.

CORI Coordinator: The person designated by the hiring authority to send requests and receive responses from the CHSB EOHHS CORI Unit.

CORI Investigation: The process of requesting, receiving and evaluating CORI related to candidates for a position with MCB or a vendor agency program.

Discretionary Disqualification: A category of offenses that may result in disqualifying a candidate from employment or other service which entails potential unsupervised contact with persons receiving services, as provided in section 9.105(4).

Final Disposition: the date from release of all custody, probation or parole orders, or the date of conviction, whichever is the most recent.

Five Year Presumptive Disqualification : A category of offenses specified in section 9.202, where the final disposition of such offense occurred within five years of the application date for employment or other service. Such offenses result in a presumption of disqualification for employment or other service which entails potential unsupervised contact with persons receiving services, due to the unacceptable risk posed by the nature of the crime to persons receiving services.A five year presumptive disqualification shall become a discretionary disqualification if (i) five years or more have passed since the final disposition of the offense, or (ii) the candidate's probation officer, parole officer, or other criminal justice official concludes in writing that the candidate, within the position sought, does not pose an unacceptable risk of harm to the persons served by the program, or (iii) if the candidate's probation officer, parole officer, or other criminal justice official has been determined by the hiring authority to be unavailable or has indicated to the hiring authority that she has insufficient information to render an assessment, then the hiring authority may seek an assessment of the candidate's risk of harm from a forensic psychiatrist or psychologist. Upon assessment, the forensic psychiatrist or psychologist must conclude in writing that the candidate, within the position sought, does not pose an unacceptable risk of harm to the persons served by the program.

Forensic Psychiatrist or Psychologist: A psychiatrist, licensed to practice medicine under M.G.L. c. 112, s.2 who is a Diplomate of the American Board of Psychiatry and Neurology with added qualifications in Forensic Psychiatry or a psychologist, licensed by the Board of Registration of Psychologists under M.G.L. c. 112, s.118 et seq., who is engaged in the practice of forensic psychology and who has at least 1,000 hours of experience over a minimum of two years involving the assessment, treatment, and consultation concerning individuals with a risk for aggressive behavior in the community, in the workplace, in treatment settings or correctional facilities; provided that the psychiatrist or psychologist has not provided treatment to the candidate and is not an employee of the Hiring Authority.

Hiring Authority: The person legally authorized or designated to make hiring decisions within the affected agency, department, office, program, or facility.

Mandatory Disqualification: The category of offenses specified in section 9.200 that result in a lifetime disqualification for employment or other service in MCB or its vendor agency programs due to the unacceptable risk posed by the nature of the crime to the populations served by MCB and its vendor agency programs.

No Record: The conclusion from a CORI search that applicable criminal records relating to the candidate have not been found. A finding of "no record" does not necessarily mean, however, that criminal information is not present in the CORI database.

Pending: A criminal offense shall be considered pending if the CORI report indicates that the offense remains open and without final resolution, including that the case has been continued without a finding.

Potential Unsupervised Contact : A reasonable likelihood of contact with a person who is receiving or applying for services in a MCB or vendor agency program when no other CORI cleared employee is present. A person having only the potential for incidental unsupervised contact with clients in commonly used areas such as elevators, hallways and waiting rooms shall not be considered to have the potential for unsupervised contact for purposes of the regulations. These excluded areas do not include bathrooms and other isolated areas (not commonly utilized or separated by sight and sound from other staff) that are accessible to clients.

Ten Year Presumptive Disqualification: A category of offenses specified in section 9.201, where the final disposition of such offense occurred within ten years of the application date for employment or other service. Such offenses result in a presumption of disqualification for employment or other service which entails potential unsupervised contact with persons receiving services, due to the unacceptable risk posed by the nature of the crime to persons receiving services.. A ten year presumptive disqualification shall become a discretionary disqualification if (i) ten years or more have passed since the final disposition of the offense, or (ii) the candidate's probation officer, parole officer, or other criminal justice official concludes in writing that the candidate, within the position sought, does not pose an unacceptable risk of harm to the persons served by the program, or (iii) if the candidate's probation officer, parole officer, or other criminal justice official has been determined by the hiring authority to be unavailable or has indicated to the hiring authority that she has insufficient information to render an assessment, then the hiring authority may seek an assessment of the candidate's risk of harm from a forensic psychiatrist or psychologist. Upon assessment, the forensic psychiatrist or psychologist must conclude in writing that the candidate, within the position sought, does not pose an unacceptable risk of harm to the persons served by the program.

Trainee: Any person enrolled in an academic program or participating in a pre or post-doctoral training program that is affiliated with an accredited educational institution or hospital, who receives a placement within MCB or a vendor agency program.

Vendor Agency Program: The provision of client services by any individual, corporation, partnership, organization, trust, association or other entity through funding by the Massachusetts Commission for the Blind.

Volunteer: Any person who works in an unpaid capacity on a regular basis for MCB or a vendor agency program. For the purposes of this provision, a current consumer of services at a facility or program who provides unpaid services at that facility or program shall not be considered a volunteer at that facility or program.

Work Release Program: A program of unpaid work performed by any individual who is under the custody of the state or county correctional system.

9.100: Candidate Disclosure of Criminal Record Information

All candidates for a position in MCB or a vendor agency program shall complete an application form that contains a section requiring the candidate to disclose whether or not he/she has a criminal record and what crimes, if any, he or she has been convicted of. No application for employment shall be considered complete unless the candidate completes this section.

9.101: Community Service and Work Release Workers

Any MCB or vendor agency program that participates in either a community justice related community service program or a work release program shall require all individuals who participate and would have potential unsupervised contact with clients to disclose all relevant CORI information on a form signed by the individual's probation, parole or other criminal justice official. In addition, as a condition of participation, the probation, parole or other criminal justice official must conclude in writing that the individual will not pose an unacceptable risk to program clients.

9.102: Hiring Authority Responsibilities

(1) The hiring authority shall ensure that each candidate provides consent to a CORI investigation as part of his/her application and to the periodic conduct of further CORI investigations during the course of employment with MCB or the vendor agency program. Such consent shall be required in the hiring authority's employment application form.

(2) The hiring authority shall require, as a condition of an offer of employment, the satisfactory completion of the CORI investigation. The hiring authority shall confirm an offer of employment only after the hiring authority receives written confirmation that the criminal record investigation has resulted in a finding of "no record" or until the hiring authority has complied with the requirements of sections 9.104, 9.105 and 9.106

(3) The hiring authority shall review positive findings from the CORI investigation and shall compare such findings with the candidate's disclosure. If there are material differences between the disclosure and the CORI investigation of crimes that were required to be disclosed, without full and adequate explanation, such differences shall result in a mandatory disqualification even if the crimes involved do not otherwise constitute a "mandatory disqualification" under these regulations.

(4) The hiring authority shall not permit any candidate to commence employment or other service until after the candidate is cleared as a result of the CORI investigation, in accordance with these regulations.

9.103: CORI Investigations

(1) All candidates shall complete the appropriate CORI request form.

(2) After the hiring authority makes a preliminary decision to hire or accept the services of an individual, the completed CORI request form or electronic equivalent shall be forwarded to the CHSB EOHHS CORI Unit, in accordance with the policies of the CHSB.

(3) All CORI investigations that result in a finding of "no record" shall be transmitted back to the hiring authority and shall provide sufficient evidence of suitability for hire for 45 business days. A "no record" finding may be used to establish suitability for other positions during this 45 day period.

(4) All CORI investigations that show findings of criminal records shall be sent immediately to the hiring authority for review consistent with this policy.

(5) All hiring authorities shall develop procedures that ensure that EOHHS and the Massachusetts Commission for the Blind can audit compliance with this policy.

9.104: Findings from CORI Investigations

(1) If the CORI investigation reveals a finding of "no record," such finding shall be documented in the candidate's file.

(2) If the CORI investigation reveals a "mandatory disqualification" on the candidate's record, as specified in section 9.105(1), the candidate shall be informed by the hiring authority that he or she is ineligible for employment or a regular volunteer or trainee position in a MCB or a vendor agency program where there is potential unsupervised contact with persons applying for or receiving services.

(3) If the CORI investigation reveals a "ten year presumptive disqualification" on the candidate's record, as specified in section 9.105(2), the candidate shall be informed by the hiring authority that he or she is ineligible for employment or a regular volunteer or trainee position in a MCB or vendor agency program where there is potential unsupervised contact with persons applying for or receiving services, unless there is compliance with the provisions of sections 9.105 and 9.106.

(4) If the CORI investigation reveals a "five year presumptive disqualification" on the candidate's record, as specified in section 9.105(3), the candidate shall be informed by the hiring authority that he or she is ineligible for employment or a regular volunteer or trainee position in a MCB or vendor agency program where there is potential unsupervised contact with persons applying for or receiving services, unless there is compliance with the provisions of sections 9.105 and 9.106.

(5) If the CORI investigation reveals a "discretionary disqualification" on the candidate's record, as specified in section 9.105(4), the candidate shall be informed by the hiring authority that he or she is ineligible for employment or a regular volunteer or trainee position in a MCB or vendor agency program where there is potential unsupervised contact with persons applying for or receiving services, unless there is compliance with the provisions of section 9.106.

9.105: Disqualifications

(1) Mandatory Disqualification. A candidate shall be ineligible for employment or work as a regular volunteer or trainee in a MCB or vendor agency program if he or she has been convicted of any of the crimes listed in section 9.200, where there is potential unsupervised contact with program clients. A candidate shall also be ineligible for employment or a regular volunteer or trainee position where there is potential unsupervised contact with program clients if he or she has any charges involving crimes listed in section 9.200, 201 or 202 pending, or if the candidate has an outstanding warrant for any crime.

(2) Ten Year Presumptive Disqualification. A candidate shall be ineligible for employment or work as a regular volunteer or trainee involving potential unsupervised contact in a MCB or vendor agency program if he or she has been convicted of any of the crimes listed in section 9.201, unless:

(a)(i) ten years or more have passed since the final disposition of the offense, or (ii) the candidate's probation officer, parole officer, or other criminal justice official concludes in writing that the candidate, within the position sought, does not pose an unacceptable risk of harm to the persons served by the program, or (iii) or the candidate's probation officer, parole officer, or other criminal justice official has been determined by the hiring authority to be unavailable or has indicated to the hiring authority that she has insufficient information to render an assessment, then the hiring authority may seek an assessment (the cost of which shall be borne by the hiring authority) of the candidate's risk of harm from a forensic psychiatrist or psychologist must conclude in writing that the candidate, within the position sought, does not pose an unacceptable risk of harm to the persons served by the program; and

(b) the hiring authority has complied with the provisions of section 9.106.

(3) Five Year Presumptive Disqualification. A candidate shall be ineligible for employment or work as a volunteer or trainee involving potential unsupervised contact in a or vendor agency program if he or she has been convicted of any of the crimes listed in section 9.202, unless:

(a) (i) five years or more have passed since the final disposition of the offense, or (ii) the candidate's probation officer, parole officer, or criminal justice official concludes in writing that the candidate, within the position sought, does not pose an unacceptable risk of harm to the persons served by the program, or (iii) if the candidate's probation officer, parole officer, or other criminal justice official has been determined by the hiring authority to be unavailable or has indicated to the hiring authority that she has insufficient information to render an assessment, then the hiring authority may seek an assessment (the cost of which shall be borne by the hiring authority) of the candidate's risk of harm from a forensic psychiatrist or psychologist. Upon assessment, the forensic psychiatrist or psychologist must conclude in writing that the candidate, within the position sought, does not pose an unacceptable risk of harm to the persons served by the program; and

(b) the hiring authority has complied with the provisions of section 9.106.

(4) Discretionary Disqualification. A candidate shall be ineligible for employment or work as a regular volunteer or trainee in MCB or the vendor agency program if he or she has been convicted of or has pending any of the crimes listed in section 9.203, unless the hiring authority has complied with the provisions of section 9.106.

9.106: Provisions for Review of a Candidate in any Discretionary Disqualification Category

(1) The criminal history of every candidate for whom the CORI investigation reveals a " ten year presumptive disqualification," a "five year presumptive disqualification," or a "discretionary disqualification", and who has otherwise met the requirements of section 9.105, shall receive additional review by MCB or the vendor agency program to determine if the candidate poses a current danger to the clients of the program. In reviewing the application of a candidate with a criminal record, due weight shall be given to the age of the convictions, the age of the candidate when convicted, and the relationship between these convictions and the individual's fitness to work with program clients. For candidates who have a criminal record but are eligible for employment pursuant to section 9.105, where there is potential unsupervised contact with clients of the program, the hiring authority shall require clear and convincing evidence of the candidate's appropriateness for employment, given the concern for client safety.

The following are acceptable factors for review:

(a) age of the conviction;
(b) age of the candidate at the time of the offense;
(c) seriousness and specific circumstances of the offense;
(d) relationship of the criminal act to the nature of the work to be performed;
(e) the number of offenses;
(f) any relevant evidence of rehabilitation or lack thereof;
(g) any other relevant information.

(2) In reviewing the criminal record of an candidate, the hiring authority may request that the candidate submit additional information, including a letter from the candidate's probation, parole officer, or treating professional, if not already supplied pursuant to subsections 9.105(2) or 9.105(3). The hiring authority may also contact police, courts, or prosecuting attorneys for additional information. Following a review, the hiring authority shall determine in writing, along with the basis for so deciding, whether:

(a) To hire the candidate;
(b) To not hire the candidate; or
(c) To hire the candidate in either a different position or in the requested position with certain restrictions, including but not limited to close supervision or limited access to client care areas.

9.107: Dissemination

CORI records may be disseminated only to individuals certified by the CHSB to receive such information, such as designated representatives of the hiring authority or the CORI Coordinator. The hiring authority shall maintain a listing of persons so certified. Willful dissemination of Criminal Offender Record Information to unauthorized individuals is punishable by a jail sentence of up to one year and/or a fine of $5,000 in addition to civil penalties, pursuant to M.G.L. c. 6 §178.

9.108: Agency Audits

The Massachusetts Commission for the Blind shall periodically review statistical information on CORI requests and investigations maintained by each hiring authority in accordance with MCB policies and procedures. In addition, MCB may establish further requirements for checking CORI findings and interpretations of such findings by the hiring authority.

9.109 Incidents

Any hiring authority receiving an allegation that an employee with a positive CORI history has harmed a client in a MCB or vendor agency program shall immediately report the allegation to the person designated by MCB for such purposes. Upon request, the hiring authority shall provide the Commission with documentation of the basis for the hiring decision.

9.110: Severability

If any provisions of 111 CMR 9.001 through 9.109, inclusive, or the applications of such provisions to any person or circumstance are held invalid, the other provisions of said 111 CMR 9.001 through 9.109, inclusive, or the application of such provisions to any person or circumstance other than that as to which it is held invalid, shall not be affected thereby.

9.200: Mandatory Disqualification

Conviction of or cases pending relative to the following offenses shall constitute a mandatory disqualification:

A&B, DANGEROUS WEAPON, VICT 65+
A&B CHILD W/ INJURY
A&B ON RETARDED PERSON
ASSAULT BY DANGEROUS WEAPON, VICT 65+
ADMINISTERING DRUGS/SEX
ARMED ASSAULT W/INTENT TO MURDER OR ROB
ARMED ASSAULT W/INTENT TO MURDER OR ROB, VICT 65
ARMED ASSAULT, DWELLING, W/FELONY INTENT
ARMED ROBBERY
ASSAULT W/INTENT TO MURDER OR MAIM
ASSAULT W/INTENT TO RAPE
ASSAULT W/INTENT TO RAPE CHILD
ATTEMPT ESCAPE OR ESCAPE BY PRISONER OR SEX/DANG
ATTEMPT TO MURDER
BURGLARY
BURNING BUILDING
BURNING DWELLING HOUSE
DERIVING SUPPORT FROM PROSTITUTE
DISTRIBUTE CONTROLLED SUBSTAN, MINOR
EXHIBIT POSING CHILD
EXTORTION
INCEST
INDECENT A&B, CHILD 14 OR OVER
INDECENT A&B, CHILD UNDER 14
INDECENT A&B, RETARDED PERSON
INDUCE SEX, MINOR
INTIMIDATION OF WITNESS
KIDNAPPING
KIDNAPPING MINOR BY RELATIVE, ENDANGER SAFETY
MANSLAUGHTER
MANSLAUGHTER, NEGLIGENCE (MINOR/CHILD)
MURDER
PERJURY
POSSESS FIREARM, SERIAL/ID NUM OBLIT, COMM FELONY
RAPE
RAPE AGGRAVATED
RAPE, STATUTORY
TRAFFICKING IN COCAINE
TRAFFICKING IN COCAINE W/ IN 1000FT SCHOOL
TRAFFICKING IN HEROIN
TRAFFICKING IN HEROIN W/ IN 1000FT SCHOOL
TRAFFICKING IN MARIJUANA
TRAFFICKING IN MARIJ W/ IN 1000FT SCHOOL
UNNATURAL ACTS W/CHILD UNDER 16
CONSPIRACY TO COMMIT ANY OF ABOVE OFFENSES

9.201: Ten Year Presumptive Disqualification

Conviction of or cases pending relative to the following offenses shall
constitute a ten year presumptive disqualification:

A& B DANGEROUS WEAPON
A&B INTIMIDATION, RACE/COLOR/RELIGION
AID ESCAPE FROM CUSTODY
ATTEMPT TO BURN DWELLING HOUSE
ATTEMPTED EXTORTION
BOMB SCARE
B&E DAY, INTEND COMM FELONY, FEAR
BRIBERY OF A POLICE OFFICER
BURGLARY, UNARMED
CARRYING DANGEROUS WEAPON, COMMITTING FELONY
CARRYING DANGEROUS WEAPON, SUB OFFENSE
CIVIL RIGHTS VIOLATION, BODILY INJURY
COMPOUNDING FELONY
CONTRIBUTE DELINQUENCY CHILD
DELIVER DRUGS TO PRISONER
DISTRIBUTING OBSCENE PICTURES
FORGERY, ALTER PRESCRIPTION
FUGITIVE FROM JUSTICE
INDUCE PROSTITUTION
KIDNAPPING MINOR BY RELATIVE
LARCENY FIREARM
LARCENY, PERSON 65+
MANUFACTURE/DISTRIBUTE CLASS A SUBSTANCE
MANUFACTURE/DISTRIBUTE CLASS B SUBSTANCE
MANUFACTURE/DISTRIBUTE CLASS C SUBSTANCE
MANUFACTURE/DISTRIBUTE/DISPENSE CLASS B SUBSTANCE
MFG/DIST/DISPENSE CL A W/IN 1000FT SCHOOL
MFG/DIST/DISPENSE CL B W/IN 1000FT SCHOOL
M/V HOMICIDE, UNDER INFLUENCE DRUGS, NEGLIGENT OR RECKLESS
M/V HOMICIDE, UNDER INFLUENCE LIQUOR
M/V HOMICIDE, UNDER INFLUENCE LIQUOR, NEGLIGENT OR RECKLESS
POSS CL A SUB W/INT TO DIST W/INT 1000FT SCHOOL
POSS CL B SUB W/INT TO DIST W/INT 1000FT SCHOOL
POSS CL B SUB W/INT TO DIST/MFG/CULT W/INT 1000FT SCHOOL
POSSESS CLASS A SUBSTANCE, INTENT TO DISTRIBUTE
POSSESS CLASS B SUBSTANCE, INTENT TO DISTRIBUTE
POSSESS CLASS B SUBSTANCE, W/INTENT DIST/MFG
POSSESS CLASS C SUBSTANCE, INTENT TO DISTRIBUTE
POSSESS CONTROLLED SUB W/INTENT DISTRIB, SUB OFF
POSSESS FIREARM W/O LICENSE
POSSESS FIREARM, SERIAL/ID NUM OBLIT
POSSESS INFERNAL MACHINE
POSSESS MACHINE GUN W/O LICENSE
POSSESS SHOTGUN, BARREL UND 18 "SAWED OFF"
POSSESS MACHINE GUN OR SAWED OFF SHOT GUN, SUB OFFENSE
POSSESS SHOTGUN, BARREL UND 18 "SAWED OFF, SUB OFF
SELL AMMUNITON W/O LICENSE
SELL OBSCENE LITERATURE, UNDER 18
SELL FIREARM W/O LICENSE
THROW EXPLOSIVES
UNARMED ROBBERY
UNARMED ROBBERY, VICTIM 65+
UNLAWFUL POSSESSION, BOMB
UNLAWFUL POSSESSION, EXPLOSIVES
UNLAWFUL POSSESSION, FIREARM, COMMISSION FELONY
UNLAWFULLY PLACE EXPLOSIVES
UTTER FALSE PRESCRIPTION
VIOLATE DOMESTIC PROTECTIVE ORDER
VIOLATION OF PROTECTIVE ORDER (209A)
CONSPIRACY TO COMMIT ANY OF ABOVE OFFENSES

9.202: Five Year Presumptive Disqualification

Conviction of or cases pending relative to the following offenses shall
constitute a five year presumptive disqualification:

ACCESSORY BEFORE FACT
ACCESSORY AFTER FACT(VARIABLE)
ASSAULT BY DANGEROUS WEAPON
ATTEMPT TO COMMIT CRIME (VARIABLE)
B&E DAY, INTENT COMM FELONY
B&E NIGHT, BLDG/SHIP/M/V, INTEND COMM FELONY
B&E TRUCK, INTEND COMM FELONY
BURNING M/V OR PERSONAL PROPERTY
BURNING TO DEFRAUD INSURANCE CO.
CARRYING LOADED RIFLE/SHOTGUN, PUBLIC WAY
DELIVER ARTICLES TO INMATE
DRUG PARAPHENELIA
ENTER W/O BRK, BLDG/SHP/M/V, INT FEL , FEAR
ENTER W/O BRK, NIGHT, DWELL, INTEND COMM FELONY
ENTICE FEMALE, SEX, INTERCOURSE
ESCAPE, FURLOUGH
FALSE INFORMATION FOR GUN PERMIT
LARCENY, BANK EMPLOYEE OR OFFICER
LARCENY, CONTROLLED SUBSTANCE, FROM AUTHORIZED PERSON
LARCENY, PERSON
MANUFACTURE/DISTRIBUTE CLASS D SUBSTANCE
M/V HOMICIDE, NEGLIGENT OPERATION
M/V HOMICIDE, RECKLESS OPERATION
OPERATE M/V UNDER INFLUENCE, SERIOUS INJURY
OPERATE M/V UNDER INFLUENCE, DRUGS, 3RD OFFENSE
OPERATE M/V UNDER INFLUENCE, LIQUOR, 3RD OFFENSE
POSSESS CLASS A SUBSTANCE
POSSESS CLASS B SUBSTANCE
POSSESS CLASS C SUBSTANCE, SUB OFFENSE
POSSESS CLASS D SUBSTANCE, SUB OFFENSE
POSSESS CLASS D SUBSTANCE, INTENT TO DISTRIBUTE
POSSESS CLASS E SUBSTANCE, INTENT TO DISTRIBUTE
POSS CL D SUB W/INT TO DIST W/INT 1000FT SCHOOL
POSSESS BURGLARIOUS TOOLS
POSSESS M/V MASTER KEY
POSSESS MATTER HARMFUL MINOR
RECEIVE/BUY STOLEN M/V
UNARMED ASSAULT, INTENT TO ROB
UNNATURAL ACTS
VANDALIZE CHURCH/SYNAGOGUE/CEMETERY
VANDALIZE SCHOOL/CHURCH/EDUCATIONAL BLDG
VIOLATE STALKING LAW
CONSPIRACY TO COMMIT ANY OF ABOVE OFFENSES

9.203: Discretionary Disqualification

Conviction of or cases pending relative to the following offenses
shall constitute a discretionary disqualification:

A&B
A&B ON PUBLIC SERVANT
A&B ON POLICE OFFICER
A&B OR ASSAULT ON CORRECTIONAL OFFICER
ABANDON W/O SUPPORT OF SPOUSE, OR MINOR CHILD
ABANDON M/V
ACCOSTING
ADULTERATION ALCOHOLIC BEVERAGE
AFFRAY
ALIEN IN POSSESS OF FIREARM
ANNOYING PHONE CALLS
ASSAULT
ATTEMPT TO INJURE DEPOSITORY OF VALUABLES
B&E, INTEND TO COMM MISDEMEANOR
B&E RAILROAD CAR
B&E RECOGNIZANCE VIOLATION
BEING PRESENT WHERE HEROIN KEPT
CIVIL RIGHTS VIOLATION, NO BODILY INJURY
CREDIT CARD, LARCENY OF
CRUELTY TO ANIMALS
DISCHARGING FIREARM, 500FT
DISCHARGING WEAPON NEAR HIGHWAY/DWELL, HUN
DISPENSE CONTROLLED SUBSTANCE, NOT REGISTERED
DISTRIBUTE CONTROLLED, SUBSTAN W/O PRESCRIPTION
ENGAGING IN SEX, PROSTITUTION, "JOHN"
ENTER W/O BRK, TRUCK, INTEND COMM FELONY
FAIL TO KEEP RECORDS ON CONTROLLED SUBSTANCE
GAMING, IMPLEMENTS FOUND PRESENT, MANAGER
GAMING, IMPLEMENTS FOUND PRESENT, OWNER
HOUSE OF ILL FAME
ILLEGAL POSSESS CLASS C SUBSTANCE
ILLEGAL POSSESS CLASS D SUBSTANCE
ILLEGAL POSSESS CLASS E SUBSTANCE
INDECENT EXPOSURE
LARCENY BY CHECK
LARCENY IN BLDG, SHIP, VESSEL, OR RR CAR
LARCENY IN TRUCK/TRAILER
LARCENY, M/V OR TRAILER
LEAVE COMM W/O SUPPORT MINOR CHILD OUT OF WDLOCK
LEAVE COMM W/O SUPPORT OF SPOUSE & MINOR CHILD
LEAVE SCENE AFTER PERSONAL INJURY, M/V
LEWD & LASCIVIOUS SPEECH & BEHAVIOR
MALICIOUS DESTRUC, PERS/REAL PROP, OVER $250
MANUFACTURE/DISTRIBUTE CLASS E SUBSTANCE
NON-SUPPORT OF MINOR CHILD OUT OF WEDLOCK
NON-SUPPORT OF MINOR CHILD(REN)
OBSCENE TELEPHONE CALLS
OBSTRUCT JUSTICE
OPEN & GROSS LEWDNESS
OPERATE M/V AFTER LICENSE REVOKED FOR DRUNK DRIVING
OPERATE M/V UNDER INFLUENCE, DRUGS
OPERATE M/V UNDER INFLUENCE, LIQUOR
OPERATE M/V W/O LICENSE, 2ND OFFENSE
POSSESS ALTERED FID CARD
POSSESS COUNTERFEIT SUBS W/INTENT DISTRIBUTE
POSSESS DANGEROUS WEAPON UNLAWFULLY
POSSESS HYPODERMIC SYRINGE OR NEEDLE
POSSESS OBSCENE "PORNOGRAPHIC" MATERIAL
PROCURE LIQUOR FOR MINOR
PROSTITUTION
RECEIVE STOLEN PROPERTY, OVER 250
RIOT
SELL/DELIVER ALCOHOLIC BEVERAGES PERSON UNDER 21
SOLICITING PROSTITUTE
SHOPLIFTING, 3RD OR SUB OFFENSE
SODOMY
TAKING M/V W/O AUTHORITY, STEAL PARTS
TELECOMMUNICATIONS FRAUD
UNAUTHORIZED USE, CREDIT CARD, OVER $250
UNLAWFUL POSSESSION, SHOTGUN
UNLAWFULLY OBTAIN CONTROLLED SUBSTANCE
USE M/V, COMMISSION OF FELONY
UTTER FORGED INSTRUMENT
VIOLATE SUPPORT ORDER
VIOLATE SUPPORT ORDER, MINOR CHILD OUT OF WDLOCK
WILLFULLY & MALICIOUSLY BURN M/V
WILLFULLY & MALICIOUSLY KILL BEAST
WANTON DESTRUCTION, PERS/REAL PROPERTY
CONSPIRACY TO COMMIT ANY OF ABOVE OFFENSES

9.204: Offenses Included

The above include all violations of Massachusetts law or like violation of the law of another state, the United States, or a military, territorial or Indian tribal authority.


This information is provided by the Massachusetts Commission for the Blind.