Community Service and Work Release Workers

(1) Notwithstanding anything in 101 CMR 15.00, EOHHS or any EOHHS agency or their vendor programs that participate in either a criminal justice related community service program or a work release program must require all individuals who participate to disclose his or her criminal record on a form signed by the candidate's criminal justice official. No inquiry, however, may be made inconsistent with M.G.L. c. 151B, § 4, para 9 which prohibits the disclosure of (a) an arrest, detention, or disposition regarding any violation of law in which no conviction resulted; or (b) a first conviction for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace; or (c) any conviction of a misdemeanor where the date of such conviction or the completion of any period of incarceration resulting there from, whichever date is later, occurred five or more years prior to the date of such application for employment or such request for information, unless such person has been convicted of any offense within five years immediately preceding the date of such application for employment or such request for information. (2) In addition, as a condition of participation, the candidate's criminal justice official must conclude in writing that the candidate will not pose an unacceptable risk of harm to clients, or the community service program or work release program will take responsibility for providing physical supervision for the candidate at all times.