Tables of Offenses

The offenses included in 122 CMR 1.18: Tables A, B, C and D are to be construed as including all violations of Massachusetts law or like violation ofthe lawofanother state, the United States, or a military, territorial or Indian tribal authority. The Hiring Authority shall contact the CHSB EOHHS CORI Unit whenever a CORI investigation reveals an offense that is not included in any of the tables and it appears similar in seriousness to included offenses. The CHSB EOHHS CORI Unit, in consultation with the EOHHS General Counsel, shall determine, taking into account the purposes of 122 CMR 1.00, if the offense is similar to one of the included offenses. If it is determined to be similar, then it shall be considered to be included in the same table as the included offense. If it is determined to be dissimilar, then it shall be considered for inclusion into the appropriate table through the regulatory process. Nothing herein shall preclude the hiring authority from considering any criminal conviction not included in any of the tables in its hiring decisions. TABLE A: Lifetime Presumptive Disqualification M.G.L. A&B, DANGEROUS WEAPON, VICT 65+ c.265 § 15A(a) A&B CHILD W/ INJURY c.265 §13J A&B ON RETARDED PERSON c.265 §13F ADMINISTERING DRUGS/SEX ARMED ASSAULT W/INTENT TO MURDER OR ROB c.265 § 18(b) ARMED ASSAULT W/INTENT TO MURDER OR ROB, VICT 65 c.265 § 18(a) ARMED ASSAULT, DWELLING, W/FELONY INTENT Table A: continued ARMED CARJACKING c.265 §21A ARMED ROBBERY ASSAULT W/INTENT TO MURDER OR MAIM ASSAULT W/INTENT TO RAPE ASSAULT W/INTENT TO RAPE CHILD ATTEMPT ESCAPE OR ESCAPE BY PRISONER OR SEX/DANG ATTEMPT TO MURDER BURNING DWELLING HOUSE DISTRIBUTE CONTROLLED SUBSTAN, MINOR c.94C § 32F EXHIBIT POSING CHILD EXTORTION HOME INVASION c.265 §18C INCEST INDECENT A&B, CHILD 14 OR OVER c.265 § 13H INDECENT A&B, CHILD UNDER 14 c.265 §13B INDECENT A&B, RETARDED PERSON c.265 § 13F INDUCE MINOR TO PROSTITUTION c.272 §4A INTIMIDATION OF WITNESS KIDNAPPING MALICIOUS EXPLOSION MANSLAUGHTER, NEGLIGENCE (MINOR/CHILD) MANSLAUGHTER MAYHEM MURDER PERJURY RAPE c.265 §22(b) RAPE AGGRAVATED c.265 § 22(a) RAPE, STATUTORY TRAFFICKING IN COCAINE c.94C § 32E(b)(4) TRAFFICKING IN HEROIN c.94C § 32E(c)(4) TRAFFICKING IN MARIJUANA c.94C § 32E(a)(4) UNNATURAL ACTS W/CHILD UNDER 16 CONSPIRACY TO COM M IT ANY OF ABOVE OFFENSES ACCESSORY BEFORE ANY CRIME IN THIS CATEGORY ATTEMPTS TO COMMIT ANY CRIME IN THIS CATEGORY TABLE B: Ten Year Presumptive Disqualification M.G.L. A& B DANGEROUS WEAPON A&B INTIM IDATION, RACE/COLOR/RELIGION c.265 § 39(a) AID ESCAPE FROM CUSTODY ASSAULT BY DANGEROUS WEAPON, VICTIM 65 AND OLDER c.265 §15B(a) ATTEMPT TO BURN DWELLING HOUSE ATTEMPTED EXTORTION BOMB SCARE B&E DAY, INTEND COMM FELONY, FEAR BRIBERY OF A POLICE OFFICER BURGLARY, ARMED BURGLARY, UNARMED BURNING BUILDING CARRYING DANGEROUS WEAPON, COMMITTING FELONY c.269 § 10(b) CARRYING DANGEROUS WEAPON, SUB OFFENSE c.269 § 10(d) CIVIL RIGHTS VIOLATION, BODILY INJURY COMPOUNDING FELONY CONTRIBUTE DELINQUENCY CHILD DELIVER DRUGS TO PRISONER DERIVING SUPPORT FROM PROSTITUTE DISTRIBUTING OBSCENE PICTURES ESCAPE BY PRISONER FORGERY, ALTER PRESCRIPTION c.94C § 33(b) FUGITIVE FROM JUSTICE Table B: continued INDUCE PROSTITUTION INDUCE SEX, MINOR INVOLUNTARY MANSLAUGHTER KIDNAPPING MINOR BY RELATIVE KIDNAPPING MINOR BY RELATIVE, ENDANGER SAFETY LARCENY FIREARM LARCENY, PERSON 65+ MANUFACTURE/DISTRIBUTE CLASS A SUBSTANCE MANUFACTURE/DISTRIBUTE CLASS B SUBSTANCE c.94C § 32A MANUFACTURE/DISTRIBUTE CLASS C SUBSTANCE c.94C § 32B MANUFACTURE/DISTRIBUTE/DISPENSE CLASS B SUBSTANCE c.94C § 32A MFG/DIST/DISPENSE CL A W/IN 1000FT SCHOOL c.94C § 32J MFG/DIST/DISPENSE CL B W/IN 1000FT SCHOOL c.94C § 32J M /V HOM ICIDE, UNDER INFLUENCE DRUGS, NEGLIGENT OR RECKLESS c.90 § 24G(a) M/V HOMICIDE, UNDER INFLUENCE LIQUOR c.90 § 24G(b) M /V HOM ICIDE, UNDER INFLUENCE LIQUOR, NEGLIGENT OR RECKLESS c. 90 §24G(b) POSSESS CL A SUB W/INT TO DIST W/INT 1000FT SCHOOL c.94C § 32J POSSESS CL B SUB W/INT TO DIST W/INT 1000FT SCHOOL c.94C § 32J POSSESS CL B SUB W/INT TO DIST/MFG/CULT W/INT 1000FT SCHOOL c.94C § 32J POSSESS CLASS A SUBSTANCE, INTENT TO DISTRIBUTE c.94C § 32(a) POSSESS CLASS B SUBSTANCE, INTENT TO DISTRIBUTE c.94C § 32A(a) POSSESS CLASS B SUBSTANCE, W/INTENT DIST/MFG c.94C § 32A POSSESS CLASS C SUBSTANCE, INTENT TO DISTRIBUTE c.94C § 32B(a) POSSESS CONTROLLED SUB W/INTENT DISTRIB, SUB OFF c.94C § 32(b) POSSESS FIREARM W/O LICENSE c.269 §10(h) POSSESS FIREARM, SERIAL/ID NUM OBLIT c.269 § 11C POSSESS FIREARM, SERIAL/ID NUM OBLIT, COMM FELONY POSSESS INFERNAL MACHINE POSSESS MACHINE GUN W/O LICENSE POSSESS SHOTGUN, BARREL UND 18 “SAWED OFF” c.269 § 10C POSSESS MACHINE GUN OR SAWED OFF SHOT GUN, SUB OFFENSE c.269 § 10D POSSESS SHOTGUN, BARREL UND 18 “SAWED OFF, SUB OFF c.269 § 10D SELL AMMUNITON W/O LICENSE SELL OBSCENE LITERATURE, UNDER 18 SELL FIREARM W/O LICENSE THROW EXPLOSIVES TRAFFICKING IN COCAINE W/ IN 1000FT SCHOOL c.94C § 32J TRAFFICKING IN HEROIN W/ IN 1000FT SCHOOL c.94C § 32J TRAFFICKING IN MARIJ W/ IN 1000FT SCHOOL c.94C § 32J UNARMED ROBBERY c.265 § 19(b) UNARM ED ROBBERY, VICTIM 65+ c.265 § 19(a) UNLAWFUL POSSESSION, BOMB UNLAWFUL POSSESSION, FIREARM, COMMISSION FELONY UNLAWFULLY PLACE EXPLOSIVES UTTER FALSE PRESCRIPTION VIOLATE DOMESTIC PROTECTIVE ORDER c.208 § 34C VIOLATION OF PROTECTIVE ORDER (209A) c.209A § 7 CONSPIRACY TO COM M IT ANY OF ABOVE OFFENSES ATTEMPTS TO COMMIT ANY CRIME IN THIS CATEGORY ACCESSORY BEFORE ANY CRIME IN THIS CATEGORY TABLE C: Five Year Presumptive Disqualification M.G.L. ACCESSORY BEFORE FACT ACCESSORY AFTER FACT(VARIABLE) ASSAULT BY DANGEROUS WEAPON c.265 § 15B(b) ATTEMPT TO COMMIT CRIME (VARIABLE) B&E DAY, INTENT COMM FELONY B&E NIGHT, BLDG/SHIP/M/V, INTEND COMM FELONY B&E TRUCK, INTEND COMM FELONY BURNING M/V OR PERSONAL PROPERTY Table C: continued BURNING TO DEFRAUD INSURANCE CO. CARRYING LOADED RIFLE/SHOTGUN, PUBLIC WAY c.269 § 12D DELIVER ARTICLES TO INMATE DRUG PARAPHENELIA c.94C § 32I(a) ENTER W/O BRK, BLDG/SHP/M/V, INT FEL , FEAR ENTER W/O BRK, NIGHT, DWELL, INTEND COMM FELONY ENTICE FEMALE, SEX, INTERCOURSE ESCAPE, FURLOUGH FALSE INFORMATION FOR GUN PERMIT LARCENY, BANK EMPLOYEE OR OFFICER LARCENY, CONTROLLED SUBSTANCE, FROM AUTHORIZED PERSON LARCENY, PERSON MANUFACTURE/DISTRIBUTE CLASS D SUBSTANCE c.94C § 32C M/V HOMICIDE, NEGLIGENT OPERATION c.90 § 24G(b) M/V HOMICIDE, RECKLESS OPERATION c.90 § 24G(b) OPERATE M/V UNDER INFLUENCE, SERIOUS INJURY c.90 §24(1)(a)(1) OPERATE M/V UNDER INFLUENCE, DRUGS, 3RD OFFENSE c.90 §24(1)(a)(1) OPERATE M/V UNDER INFLUENCE, LIQUOR, 3RD OFFENSE POSSESS CLASS A SUBSTANCE c.94C §34 POSSESS CLASS B SUBSTANCE c.94C §34 POSSESS CLASS C SUBSTANCE, SUB OFFENSE c.94C §34 POSSESS CLASS D SUBSTANCE, SUB OFFENSE c.94C §34 POSSESS CLASS D SUBSTANCE, INTENT TO DISTRIBUTE c.94C § 32C(a) POSSESS CLASS E SUBSTANCE, INTENT TO DISTRIBUTE c.94C § 32D POSSES CLASS D SUB W/INT TO DIST W/INT 1000FT SCHOOL c.94C §32J POSSESS BURGLARIOUS TOOLS POSSESS M/V MASTER KEY POSSESS MATTER HARMFUL MINOR RECEIVE/BUY STOLEN M/V c.266 § 28(a) UNARMED ASSAULT, INTENT TO ROB UNNATURAL ACTS VANDALIZE CHURCH/SYNAGOGUE/CEMETERY VANDALIZE SCHOOL/CHURCH/EDUCATIONAL BLDG VIOLATE STALKING LAW c.265 § 43(a) CONSPIRACY TO COMMIT ANY OF ABOVE OFFENSES ATTEMPTS TO COMMIT ANY CRIME IN THIS CATEGORY ACCESSORY BEFORE ANY CRIME IN THIS CATEGORY TABLE D: Discretionary Disqualification M.G.L. A&B A&B ON PUBLIC SERVANT c.265 § 13D A&B ON POLICE OFFICER c.265 § 13D A&B OR ASSAULT ON CORRECTIONAL OFFICER ABANDON W/O SUPPORT OF SPOUSE, OR MINOR CHILD c.273 § 1(1) ABANDON M/V ACCOSTING ADULTERATION ALCOHOLIC BEVERAGE AFFRAY ALIEN IN POSSESS OF FIREARM c.140 § 13H ANNOYING PHONE CALLS ASSAULT ATTEMPT TO INJURE DEPOSITORY OF VALUABLES B&E, INTEND TO COMM MISDEMEANOR B&E RAILROAD CAR B&E RECOGNIZANCE VIOLATION BEING PRESENT WHERE HEROIN KEPT CIVIL RIGHTS VIOLATION, NO BODILY INJURY CREDIT CARD, LARCENY OF CRUELTY TO ANIMALS DISCHARGING FIREARM, 500FT c.269 § 12E Table D: continued DISCHARGING WEAPON NEAR HIGHWAY/DWELL, HUN DISPENSE CONTROLLED SUBSTANCE, NOT REGISTERED DISTRIBUTE CONTROLLED, SUBSTAN W/O PRESCRIPTION c.94C § 25(1) ENGAGING IN SEX, PROSTITUTION, “JOHN” ENTER W/O BRK, TRUCK, INTEND COMM FELONY FAIL TO KEEP RECORDS ON CONTROLLED SUBSTANCE GAMING, IMPLEMENTS FOUND PRESENT, MANAGER GAMING, IMPLEMENTS FOUND PRESENT, OWNER HOUSE OF ILL FAME ILLEGAL POSSESS CLASS C SUBSTANCE ILLEGAL POSSESS CLASS D SUBSTANCE ILLEGAL POSSESS CLASS E SUBSTANCE INDECENT EXPOSURE LARCENY BY CHECK LARCENY MORE LARCENY IN BLDG, SHIP, VESSEL, OR RR CAR LARCENY IN TRUCK/TRAILER LARCENY, M/V OR TRAILER LEAVE COMM W/O SUPPORT MINOR CHILD OUT OF WDLOCK LEAVE COMM W/O SUPPORT OF SPOUSE & MINOR CHILD LEAVE SCENE AFTER PERSONAL INJURY, M/V c.90 § 24(2)(a1/2)(1) LEWD & LASCIVIOUS SPEECH & BEHAVIOR MALICIOUS DESTRUC, PERS/REAL PROP, OVER $250 MANUFACTURE/DISTRIBUTE CLASS E SUBSTANCE c.94C § 32D(a) NON-SUPPORT OF MINOR CHILD OUT OF WEDLOCK NON-SUPPORT OF MINOR CHILD(REN) OBSCENE TELEPHONE CALLS OBSTRUCT JUSTICE OPEN & GROSS LEWDNESS OPERATE M/V AFTER LICENSE REVOKED FOR DRUNK DRIVING OPERATE M/V UNDER INFLUENCE, DRUGS c.90 § 24(1)(a)(1) OPERATE M/V UNDER INFLUENCE, LIQUOR POSSESS ALTERED FID CARD POSSESS COUNTERFEIT SUBS W/INTENT DISTRIBUTE c.94C § 32G POSSESS DANGEROUS WEAPON UNLAWFULLY c.269 § 10(b) POSSESS HYPODERMIC SYRINGE OR NEEDLE POSSESS OBSCENE “PORNOGRAPHIC” MATERIAL PROCURE LIQUOR FOR MINOR PROSTITUTION RECEIVE STOLEN PROPERTY, OVER $250 RIOT SELL/DELIVER ALCOHOLIC BEVERAGES PERSON UNDER 21 SOLICITING PROSTITUTE SHOPLIFTING, 3RD OR SUB OFFENSE SODOMY TAKING M/V W/O AUTHORITY, STEAL PARTS TELECOMMUNICATIONS FRAUD UNAUTHORIZED USE, CREDIT CARD, OVER $250 c.266 § 37C UNLAWFUL POSSESSION, SHOTGUN c.140 § 129C UNLAWFULLY OBTAIN CONTROLLED SUBSTANCE USE M/V, COMMISSION OF FELONY c.90 § 24(2)(a) UTTER FORGED INSTRUMENT VIOLATE SUPPORT ORDER VIOLATE SUPPORT ORDER, MINOR CHILD OUT OF WDLOCK WILLFULLY & MALICIOUSLY BURN M/V WILLFULLY & MALICIOUSLY KILL BEAST WANTON DESTRUCTION, PERS/REAL PROPERTY Table D: continued CONSPIRACY TO COMMIT ANY OF ABOVE OFFENSES ATTEMPTS TO COMMIT ANY CRIME IN THIS CATEGORY ACCESSORY BEFORE ANY CRIME IN THIS CATEGORY