Current through Register 1518, March 29, 2024
(1) If the CORI investigation reveals a
conviction for a
108
CMR 15.15: Table A crime,
regardless of when it occurred, or a pending
108
CMR 15.15: Table A crime, or
a conviction of a
108
CMR 15.15: Table B crime
within the five- and ten-year time periods referenced under 108 CMR 15.08(1),
or a pending
101
CMR 15.15: Table B crime,
the hiring authority will consider 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 EOVS, will also make a written
determination of its decision to hire or not hire such a candidate. This form
will document the factors considered and the rationale for the hiring
authority's decision. A copy of the 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
108
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 EOVS 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 EOVS Secretary or their designee. The hiring authority will not
proceed to hire the candidate for five business days from the date the EOVS
Secretary or their designee receive the form. During such time, the EOVS
Secretary or their designee 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 EOVS
Secretary 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) EOVS
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.
(4) If the hiring authority does not wish to
hire a candidate who has been convicted of a
108
CMR 15.15: Table A crime, or
a 108 CMR 15.15: Table
B crime within the five- and ten-year time periods referenced under
108 CMR 15.08(1), the prescribed form will be completed as outlined in
108
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, EOVS 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.
