Criminal Offender Record Information (C.O.R.I.) Workshop

Transcription

1 Criminal Offender Record Information (C.O.R.I.) Workshop Andrea J. Cabral - Sheriff December 13, 2008 University of Massachusetts - Boston

2 CORI: What is it? CORI consists of records and data in any form compiled by a criminal justice agency which concern an individual and relate to the: 1. Nature or disposition of a criminal charge 2. An arrest 3. A pre-trial proceeding 4. Other judicial process 5. Sentencing 6. Incarceration 7. Rehabilitation 8. Release

3 Definition of CORI includes: Records and data, which describe the facts and results of an individual s movement throughout any one of the stages of the criminal justice process. I.E.. Info on: Arrests, Arraignments, Pre-Trial Hearings, Trials, Dispositions, Probation, Incarcerations. If you are charged with a crime in state or federal court, you have a CORI. Even if the charges were dismissed, or you were found not guilty.

4 CORI s Purpose? When the CORI law was passed in the early 1970 s, there were 2 main purposes: 1. More efficient criminal justice system put info on line so judges, prosecutors, police, probation, etc. could access info ASAP; and 2. Safeguard the privacy of the CORI subject, so only those with a clear need to know received criminal info.

5 How can I get a copy of my CORI? Mail completed Personal Massachusetts Criminal Records Request Form to: CHSB, 200 Arlington St., Suite 2200, Chelsea, MA More info is available on their website. There is NO walk in service accepted. You must have the form notarized. The FEE is $25 to get a copy of your CORI. If you cannot afford the $25 fee, then you can fill out an Affidavit of Indigency.. If you qualify, you may be entitled to a free copy of your CORI from the CHSB.

6 Criminal History Systems Board (CHSB) MGL c. 6, 168 established the Criminal History Systems Board (CHSB). Members are appointed by the Governor. Duties: Create regulations regarding the: 1. Collection 2. Storage 3. Dissemination 4. Usage of CORI Process 1.5 million CORI requests per year.

7 Criminal History Systems Board Sec. Of Public Safety Attorney General Chair of Mass. Sentencing Comm. Chair of Parole Board Comm. Dept. of Correction Comm. of Probation Comm. of DYS Rep. Mass. State Police Rep. Crime victims Rep. of private CORI users Expert in personal privacy issues Rep. From Mass. Chiefs of Police Rep. From Mass. Sheriff s Assoc. Rep. From Mass. District Attys. Rep. From CPCS

8 Role of the Criminal History Systems Board Make the of Rules and Regulations governing CORI; Administration of CJIS (Criminal Justice Information System); Certification of agencies for access to CORI: Criminal Justice Agencies; Other agencies authorized by statute; & Public interest outweighs privacy interest. Audits of Criminal Justice Agencies

9 Role of the Criminal History Systems Board (cont.) Investigation of alleged CORI violation; Certification of Victims; & Implementation of the Sex Offender Registry and Community Notification Act.

10 How Do I Read My CORI? CORI reports use a sometimes confusing combination of codes & abbreviations to track an individual s movement through the criminal justice system. CHSB has created a list of disposition codes to help explain what happened in each case. The list can be found at Your Probation Central File number, or PCF, is a computer generated identification number assigned to you once you have a CORI.

11 Common CORI Disposition Codes CMTD = Committed/ Incarcerated CWOF = Cont. W/out Finding DYS = Dept. of Youth Services DISM = Dismissed F&A = From & After G = Guilty HOC = House of Corr. JT = Jury Trial PROB = Probation SS = Suspended Sentence SPS = Split Sentence SDP = Sexually Dangerous Person VOP = Violation of Probation WAR = Warrant DF = Default VWF = Victim Witness Fee O = Open/Pending C = Closed

12 Definition of CORI Excludes: 1. Intelligence or investigative information I.E.: Police Reports 2. Statistical reports 3. Records of juvenile adjudications 4. Offenses not punishable by incarceration I.E.: Traffic Offenses

13 Access and Dissemination of CORI The CORI Act generally restricts access to criminal record information with the following exceptions: Criminal Justice Agencies (Sheriff, Police, FBI). Access required by statute. (c. 385 of the Acts of 2002 inserted new access provisions, and mandates CORI checks for organizations serving children.). CHSB determines that the Public Interest outweighs the individual s Right to Privacy. You can get a copy of your own CORI & you can give your written permission for someone else to get your CORI.

14 Exceptions Victims, witnesses, family members of homicide victims or citizen s fearing physical harm have a right to receive info about the status, transfer and release of an inmate. Health Care Provider may receive information concerning an offender s status within the system; physical status; mental status. Members of the public are entitled to know an offender s custody, status & placement within the system, & any change in custody status (I.E. Parole Info).

15 Exceptions (cont.) Members of Public Concerning Escapes and Disturbances. (I.E. Breaking Newsflash!!!) Consultants or contractors to an authorized criminal justice agency. (I.E. Medical or mental health contractors)

16 Victim Notification and Access To CORI Upon certification by CHSB, victims, witnesses, parents/guardians of minor aged victims, family members of homicide victims and family members of incompetent victims are entitled to receive information relative to the following 4 categories: 1. CORI info about the offense in which they are connected as defined in MGL c A;

17 Victim Notification and Access To CORI (cont.) day advance notification of an inmate s: Transfer to lower custody; Transfer to an out-of of-state facility if the certified person resides in that state; Temporary releases including work release, program related activity, furloughs, speaking engagements and educational releases; Consideration for parole, pardon or commutation and any subsequent projected release date.

18 Victim Notification and Access To CORI (cont.) 3. As soon as possible notification of an inmate s: Death; Return to higher custody; Transfer from one county to another; Transfer from one county to a state facility; Court ordered release from custody including appeals or revised and revoked sentences

19 Victim Notification and Access To CORI (cont.) 4. Emergency notification when: An inmate escapes; An inmate is released under escort such as funeral leave; An inmate is unexpectedly released due to court ordered jail credits; A certification is generated within 14 days of a transfer, temporary, provisional or final release from custody; & A breach of confidentiality.

20 What if there is a mistake on my CORI? If the info on your CORI is wrong, or if there are cases on your CORI that don t belong to you, contact the probation office at the court where the case was heard. Other resources: Contact the Commissioner of Probation s Office at (617) ; or CHSB s CORI Unit at (617) If you are the victim of identity theft & it is effecting your CORI, contact your local or state police & file a report, then contact the CHSB. See: & Mass. Law Reform Institute

21 Jobs & CORI When you apply for a job, an employer may check your CORI only if you sign an acknowledgment form. An employer may never require you to get your own CORI. When an employer runs your CORI they must give you a copy of it before making a decision. See: & Mass. Law Reform Institute

22 Housing & CORI If you are applying for public housing, the housing authority may get a CORI on all members of your household who are 17 or older, or kids under 17 who have been tried as adults. Different housing authorities have different policies for CORI. Generally, if a person has recent convictions for drug or violent crimes they may be disqualified from public housing. See: & Mass. Law Reform Institute. 22

23 Jobs & Housing Before an employer, or housing authority, denies your application, or fires you because of your CORI, the employer/housing authority must do these things first: 1. Notify you that you might be turned down for the job/home; 2. Give you a copy of your CORI that they got from CHSB; 3. Tell you what part of your CORI is a problem; & 4. Give you an opportunity to have a meeting to discuss your CORI. MA law gives you the right to contest contest the accuracy & relevance of you CORI. In other words, you can explain any mistakes, explain why your CORI should not matter, or is irrelevant to the position you re seeking, and show the employer any letters of recommendation. See: & Mass. Law Reform Institute

24 Voting & CORI In Massachusetts, you CAN vote unless you are convicted of a felony & are serving a sentence for that felony. Under all other circumstances you can vote. For more info contact the Secretary of State at (617)

25 Sealing your CORI Massachusetts allows convictions to be sealed after a waiting period: Misdemeanors may be sealed after 10 years; & Felonies may be sealed after 15 years. A misdemeanor is any crime that is punishable by a max of 2 ½ years in the house of correction. A felony is a crime punishable by more than 2 ½ years of incarceration, even if your sentence was shorter. 25

26 Sealing your CORI (cont.) The waiting period starts with the final disposition of your most recent conviction. To seal a non conviction (ie. a dismissal, or nolle prosequi) there is no waiting period. You must fill out a Petition to Seal form at the appropriate court & it is up to the Judge to seal or not to seal. You can request a hearing and argue your case before the judge. 26

27 Sealing your CORI (cont.) Certain misdemeanor drug possession charges can be sealed without the 10 year waiting period. Courts may seal a first conviction for certain drug possession charges. Courts shall seal a first conviction for possession of marijuana or class E (certain prescription drugs). 27

28 Grants The CHSB adopts General Grants when a number of applicants fit squarely into a specific category that is appropriate to receive CORI info. Must determine that the public interest outweighs individual s privacy interest. The effect of a general grant is that the CHSB does not have to meet & review individual CIP s. Many groups are Mandated to do a CORI check I.E.: Organizations serving children. 28

29 C.I.P. & Grants Citizen s Initiated Petition C.I.P Pursuant to MGL c. 6, 172(c), any person having a physical fear of harm of an inmate is entitled to be certified by CHSB to receive info about an inmate. All information pertaining to a CIP certification must be kept confidential. 29

30 Grants Adoptive Parents Big Brother/Sister Boy Scouts Camps Day Care / Nanny Traveling Carnivals Religious Organizations Youth Athletic Coaches School Bus Drivers Mental Health Providers Elderly Home Health Aides Shelter For Battered Persons Delivery personnel w/ access to drugs Pharmaceutical Agencies Attorney of Record Airports Armed Forces Recruiters Body Art/Tattoo Licensing authorities Fortunetelling Licensing Authorities Massage Licensing Authorities Nuclear Power Industry Pawnshop Licensing Authorities Board of Bar Examiners Public housing / Sect. 8 Housing Background Check Companies 30

31 Sources & Resources: The CORI Reader,, By Ernest Winsor, Esq., Mass. Law Reform Institute, Your Rights & CORI in Mass., By Jenifer Bosco, Esq., Mass. Law Reform Institute, CORI Barriers to Re-Entry for Ex- Offenders,, (MCLE, Inc. 2005) Massachusetts General Laws