Code of Massachusetts Regulations
101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES
Title 101 CMR 15.00 - CRIMINAL OFFENDER RECORD CHECKS
Section 15.04 - Definitions

Applicant. Any person seeking employment with EOHHS or an EOHHS agency or their vendor programs, including current employees seeking new positions.

Candidate. Any person who is first determined otherwise qualified for the position and has received a conditional offer of employment subject to consideration of any criminal record information.

Client. Any person applying for or receiving EOHHS or EOHHS agency or their vendor program services.

Community Service Worker. Any individual who, as a condition of probation, is applying for a position.

CORI Cleared Employee. Any candidate hired as an employee after the hiring authority completed all requirements of 101 CMR 15.00.

CORI Coordinator. The person designated by the hiring authority to send requests and receive responses from the Department of Criminal Justice Information Services (DCJIS).

CORI Investigation. The process of requesting, receiving, and evaluating CORI related to candidates for employment.

Criminal Justice Official. Either the candidate's probation officer, parole officer, or correctional facility superintendent (or designee), depending upon whomever had the most recent responsibility for supervision of the candidate. Candidates last supervised in a correctional facility 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 in his or her assessment process.

Criminal Offender Record Information (CORI). Information recorded as a result of criminal proceedings or any consequent related proceedings and regulated by the Department of Criminal Justice Information Services under 803 CMR 2.00: Criminal Offender Record Information (CORI).

Department of Criminal Justice Information Services (DCJIS). The Commonwealth agency statutorily designated to, among other things, provide a public safety information system and network to support data collection, information sharing, and interoperability for the Commonwealth's criminal justice and law enforcement community and to oversee the authorized provision of Criminal Offender Record Information (CORI) to the non-criminal justice community.

Employees. Individuals holding full and part-time positions, including state employees, contract employees, individual consultants, temporary employees, volunteers, trainees, interns, or students, regardless of whether the individuals receive compensation and the source of funding for the positions. For the purposes of 101 CMR 15.04, a current client of a facility or program who provides services at that facility or program will not be considered an employee at that facility or program.

Employment. Full and part-time positions held by any person, including state employees, contract employees, individual consultants, temporary employees, volunteers, trainees, interns, or students, regardless of whether the person receives compensation and the source of funding for the positions.

EOHHS. The Executive Office of Health and Human Services.

EOHHS Agency. Any agency, department, commission, office, board, division, or other body within and subject to EOHHS under M.G.L. c. 6A, § 16, including the Office of Elder Affairs.

EOHHS Funded or Operated Program. Any program operated by EOHHS or an EOHHS agency or their vendor programs that provides health and human services for or on behalf of EOHHS or EOHHS agency clients in accordance with a contract under 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services.

Hiring Authority. The person or persons legally authorized or designated to make hiring decisions within EOHHS or an EOHHS agency or their vendor programs. Different persons may be authorized or designated as responsible for specific parts of the process in making a hiring decision.

No Record. The conclusion from a CORI search that shows no information relating to the candidate is available for release to EOHHS, an EOHHS agency, or their vendor programs. A finding of "no record" does not necessarily mean, however, that criminal information is not present in the CORI database.

Otherwise Qualified. An applicant who meets all other employment criteria and consideration for a position.

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

Potential Unsupervised Contact. Potential for contact with a client 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, will not be considered to have the potential for unsupervised contact for purposes of 101 CMR 15.03. The term "commonly used areas" does not include bathrooms or other isolated areas that are separated by sight and sound from other staff.

Qualified Mental Health Professional. A psychiatrist licensed to practice medicine under M.G.L. c. 112, § 2, a psychologist licensed under M.G.L. c. 112, § 118 through 121, or an independent clinical social worker licensed under M.G.L. c. 112, § 130 through 132; provided that he or she has at least 1,000 hours of experience over a minimum of two years involving assessment, treatment, and consultation concerning individuals with behavior that presents a risk of harm to others in the community, in the workplace, in treatment settings, or in correctional facilities; provided further that he or she has not provided treatment to the candidate.

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 EOHHS or an EOHHS agency or their vendor programs.

Vendor Program. A program, administered by an individual, corporation, partnership, organization, trust, association, or other entity, that provides services to EOHHS or EOHHS agency clients under a contract issued by EOHHS or an EOHHS agency in accordance with 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services. An individual or entity will not be considered a vendor program solely because they participate as a MassHealth provider or are licensed by an EOHHS agency or receive a grant from EOHHS or an EOHHS agency.

Volunteer. Any person who works in an unpaid capacity for EOHHS, an EOHHS agency, or vendor program. For the purposes of 101 CMR 15.04, a current client of a facility or program who provides unpaid services at that facility or program will not be considered a volunteer at that facility or program.

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