Code of Massachusetts Regulations
122 CMR - SOLDIERS' HOME IN MASSACHUSETTS (CSH)
Title 122 CMR 1.00 - Criminal Offender Record Checks
Section 1.05 - Definitions

Candidate: Any person seeking employment or a position as a regular volunteer or trainee to provide services for or on behalf of the CHS or its vendor agency programs, where such employment or position involves potential unsupervised contact with program clients. 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, is applying for a position.

CORI Cleared Employee: Any former candidate who was hired as an employee after successfully satisfying the requirements of 122 CMR 1.00.

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 and receiving CORI related to candidates for positions with CHS funded or a vendor agency programs.

Criminal History Systems Board (CHSB) EOHHS CORI Unit: The EOHHS-sponsored unit within the Criminal History Systems Board which processes requests for CORI information 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 whomever had 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 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 criminal information of persons within the Massachusetts Court system.

Discretionary Disqualification: A category of offenses that may result in disqualification for a position which entails potential unsupervised contact with persons receiving services, as provided in 122 CMR 1.11(4).

CHS Funded or Agency Vendor Program: Any program operated by CHS or contracted and funded by CHS with a vendor agency that provides services for or on behalf of CHS clients.

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

Five Year Presumptive Disqualification : A category of offenses where the final disposition of any included offense occurred within five years of the application date for a position in any CHS funded or operated program. Conviction of any such offense results in a presumption of disqualification for employment or other service which entails potential unsupervised contact with persons receiving services in any CHS funded or operated program, due to the presumed unacceptable risk posed by the nature of the crime to persons receiving services. A five year presumptive disqualification shall become a discretionary disqualification if:

(a) five years or more have passed since the final disposition of the offense; or

(b) the candidate's 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

(c) the 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 qualified mental health professional and the qualified mental health professional 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.

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

Lifetime Presumptive Disqualification: A category of offenses for which conviction of any such offense results in a presumption of a lifetime disqualification for employment or other service which entails potential unsupervised contact with persons receiving services in any CHS funded or operated program, due to the presumed unacceptable risk posed by the nature of the crime to persons receiving services. A lifetime presumptive disqualification shall become a discretionary disqualification if:

(a) the candidates 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

(b) the 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 qualified mental health professional and the qualified mental health professional 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.

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.

Position: Employment, service by a regular volunteer, or trainee.

Potential Unsupervised Contact: Potential for contact with a person who is receiving or applying for CHS services 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 122 CMR 1.00. These excluded areas do not include bathrooms and other isolated areas (not commonly utilized or sight and sound separate 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 a licensed independent clinical social worker licensed under M.G.L. c. 112, §§ 130 through 132; provided that the psychiatrist, psychologist, or licensed independent clinical social worker (LICSW) 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 the psychiatrist, psychologist, or licensed independent clinical social worker has not provided treatment to the candidate and is not an employee of the hiring authority.

Ten Year Presumptive Disqualification : A category of offenses where the final disposition of any included offense occurred within ten years of the application date for employment or a person in any CHS funded or operated program. Conviction of any such offense results in a presumption of disqualification for employment or other service which entails potential unsupervised contact with persons receiving services, due to the presumed unacceptable risk posed by the nature of the crime to persons receiving services. A ten year presumptive disqualification shall become a discretionary disqualification if:

(a) ten years or more have passed since the final disposition of the offense; or

(b) the candidate's 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

(c) the 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 qualified mental health professional and the qualified mental health professional 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.

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 CHS 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 or contract with CHS.

Volunteer: Any person who works in an unpaid capacity for CSH or a vendor agency program. For the purposes of 122 CMR 1.05: Volunteer, a current consumer of 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.