Scope

(1) Upon completion of registration with the Department of Criminal Justice Information Services(DCJIS), criminal historyinformation shall be required and onlyconsidered with respect to thefollowing categories of applicants and employees of EOVS, its agencies, and vendor programs: (a) applicants and employees seeking a position that entails the potential for unsupervised contact with program residents or clients. applicants and employees for whom a CORI is necessary to comply with other legal requirements, or for whom a CORI is otherwise deemed by EOVS, its agencies, or vendor programs to be relevant to the duties and qualifications of the position; and (b) employees who apply for a new position that falls within the scope of 108 CMR 15.03(1)(a) or (b). (c) Applicants or employees being considered for positions detailed as key staff by the Secretary. (2) Current employees in positions where a CORI is required may be subject to a criminal record review at other times in the hiring authority’s discretion. Notwithstanding the foregoing, the hiring authority shall not take any action based on the CORI unless the CORI reveals criminal activity that did not appear on the prior CORI. (Mass. Register #1516, 3/1/2024) (3) No entities or persons who are contracted by EOVS or who receive a grant from EOVS are subject to 108 CMR 15.00 solely by virtue of their status as EOVS providers, licensees, or grant recipients. Notwithstanding the foregoing, nothing in 108 CMR 15.00 should be construed to limit a program from considering a person’s CORI or other criminal record information when determining if they may participate in the program, be licensed, or receive a grant. (4) Notwithstanding anything in 108 CMR 15.00, a CORI is not required for EOVS and employees who, as of July 1, 2023, and for vendor program employees, who, as of July 1, 2023, hold a position where a CORI would otherwise be required, but who were not previously the subject of a CORI nor required to have been so under the EOVS regulations applicable when the employee was hired. (5) Notwithstanding anything in 108 CMR 15.00, EOVS and vendor programs, at their expense, may use convictions and pending criminal matters in other states in addition to CORI. Such information shall be reviewed in accordance with 108 CMR 15.00 and as if the crime had occurred in Massachusetts. Such review shall comply with the regulations of the Department of Criminal Justice Information Systems in all particulars, including notice to the subject, a copy of the source information, and a right to explain. (6) The procedures under 108 CMR 15.06 through 15.09 shall be followed for all positions that fall within the scope of 108 CMR 15.03.