Current through Register 1531, September 27, 2024
(1) If the CORI investigation reveals a
conviction of a
101 CMR 15.15:
Table A crime, regardless of when it occurred, or a pending
101 CMR 15.15:
Table A crime, or a conviction of a
101 CMR 15.15:
Table B crime within the five- and ten-year time periods
referenced under
101
CMR 15.08(1), or a pending
101 CMR 15.15:
Table B crime, the hiring authority will give careful
consideration to the following factors in its decision to hire or not hire the
candidate:
(a) time since the conviction or
pending offense;
(b) age of the
candidate at the time of the offense;
(c) nature and specific circumstances of the
offense;
(d) sentence imposed and
length of any period of incarceration;
(e) relationship of the criminal act to the
nature of the work to be performed;
(f) number of offenses;
(g) whether offenses were committed in
association with a dependence on drugs or alcohol, from which the candidate has
since recovered;
(h) any relevant
evidence of rehabilitation or lack thereof, such as information about
compliance with conditions of parole or probation, including orders of no
contact with victims and witnesses; and the individual's conduct and experience
since the time of the offense, including but not limited to educational or
professional certifications obtained; and
(i) any other relevant information, including
information submitted by the candidate, or requested by the hiring
authority.
(2) The hiring
authority, using a form prescribed by EOHHS, will also make a written
determination of its decision to hire or not hire such candidate. This form
will document the factors considered and the rationale for the hiring
authority's decision. A copy of such written determination will be maintained
by the hiring authority in a secure location, together with the CORI and
criminal record disclosure information that may have been requested under
101 CMR
15.06(1)(a). Completion of
the written determination form will serve to confirm that the hiring authority
has carefully reviewed the CORI and other relevant information, including
information provided by the candidate, so that the vulnerable populations
served by EOHHS agencies are protected and candidates with criminal histories
are given a fair opportunity to be employed and to reintegrate successfully
into the workforce.
(3)
(a) In addition, if the hiring authority
decides to hire a candidate with a CORI showing a conviction of, or pending
Table A crime, the hiring authority will submit the prescribed form to the
EOHHS Secretary or the EOHHS agency Commissioner or their designees. The hiring
authority will not proceed to hire the candidate for five business days from
the date the EOHHS Secretary or the EOHHS agency Commissioner or their
designees receive the form. During such time, the EOHHS Secretary or EOHHS
agency Commissioner or their designees may disapprove the hire or request
additional information. Notwithstanding the foregoing, a hiring authority may
proceed to hire the candidate before the expiration of the five-day period if
the EOHHS Secretary or EOHHS agency Commissioner or designee, after receiving
the prescribed form, informs the hiring authority that he or she does not
intend to disapprove the hire or request additional information.
(b) EOHHS or an EOHHS agency may require that
the hiring authority's review include the following:
1. a review by the candidate's criminal
justice official, including a determination in writing that the candidate,
within the position sought, does not pose an unacceptable risk of harm to the
clients; or
2. if the criminal
justice official has been determined by the hiring authority to be unavailable
or has indicated he or she has insufficient information to render an
assessment, a written determination from a qualified mental-health professional
that the candidate, within the position sought, does not pose an unacceptable
risk of harm to the clients. The EOHHS agency or EOHHS, if EOHHS makes the
request, will bear the cost of an assessment by a qualified mental-health
professional of the candidate's risk of harm.
(4) If the hiring authority does not wish to
hire a candidate with a
101 CMR 15.15:
Table A crime, or a
101 CMR 15.15:
Table B crime within the five- and ten-year time periods
referenced under
101
CMR 15.08(1), the prescribed
form will be completed as outlined in 101 CMR 15.09(2) and will be maintained
on file in a secure location.
(5)
Before any determination or hiring decision is made on the basis of the CORI,
the hiring authority will comply with all requirements of DCJIS under
803 CMR 2.00: Criminal
Offender Record Information (CORI) including:
(a) providing a candidate with a copy of his
or her CORI, EOHHS CORI regulations, and DCJIS information concerning the
process for correcting a criminal record;
(b) notifying the candidate of the potential
adverse decision based on the CORI;
(c) informing the candidate what part of the
criminal record appears to make him or her ineligible for the
position;
(d) providing the
candidate with an opportunity to dispute the accuracy and relevancy of the
CORI; and
(e) upon receipt of any
additional documentation received from the candidate or DCJIS, reviewing the
information with the candidate and informing him or her of the
decision.
