Code of Massachusetts Regulations
119 CMR - SOLDIERS' HOME IN HOLYOKE
Title 119 CMR 1.00 - Criminal Offender Record Checks
Section 1.11 - Provisions for Review of a Candidate in any Disqualification Category
Current through Register 1531, September 27, 2024
(1) Each candidate for whom the CORI investigation reveals a "lifetime presumptive disqualification", who has otherwise met the requirements for further consideration set forth in 119 CMR 1.10, or a "discretionary disqualification" shall, unless the hiring authority has decided to withdraw the conditional offer of a position, receive additional review by the hiring authority to determine if the candidate poses an unacceptable risk of harm to the persons served by the program within the position sought. In reviewing the candidate's appropriateness for employment given the concern for client safety, due weight shall be given to the following factors:
Information considered pursuant to 119 CMR 1.1 1(1)(g) may include documentation from the candidate's criminal justice official, if not already supplied pursuant to 119 CMR 1.10(1), treating professional, or other knowledgeable source, such as the police, courts, or prosecuting attorneys.
(2) Following the review, the Hiring Authority shall determine whether:
Nothing herein shall be construed as preventing the hiring authority from deciding not to hire the candidate for any other reason.
(3) If a decision is made to hire the candidate, the hiring authority shall make a written determination of such decision, documenting the considerations outlined in 119 CMR 1.11(1) (a) through (g), and the rationale for the conclusion that the candidate does not pose a danger to the program's clients within the position sought.
(4) The hiring authority shall submit such written determination to SHH immediately upon a decision to hire the individual.
(5) SHH shall conduct an annual review of such written determinations for candidates with crimes listed in 119 CMR 1.16: Table C to ensure compliance with the requirements of 119 CMR 1.09, 1.10, and 1.11.
(6) Based on the annual review pursuant to 119 CMR 1.11(5) or other relevant information obtained by SHH that raises concerns about the hiring authority's compliance with these requirements, SHH may require the hiring authority to submit such written determinations prior to hiring the individual. The Secretary shall have five business days following receipt of the determination to disapprove the hire. SHH may require the hiring authority to follow such prior review process for as long a period as it determines is necessary to ensure that the hiring authority is complying with the requirements of 119 CMR 1.09, 1.10, and 1.11.