Massachusetts CORI Reform - Final Regulations, Impact and Analysis

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Massachusetts CORI Reform - Final Regulations, Impact and Analysis

  1. 1. CORI Reform – Final Regulations, Impact, and Analysis May 31, 2012© 2012 Verifications, Inc. 1 © 2012 Verifications, Inc. May 31, 2012 - 1
  2. 2. Presenters  Mary Poquette, Chief Compliance and Security Officer  Caralyn Burnett, Compliance Officer The information presented herein is for educational purposes only. It is not legal advice, either express of implied. Consultation with qualified legal counsel is recommended for all matters of employment law. © 2012 Verifications, Inc. May 31, 2012 - 2
  3. 3. What Is CORI? Massachusetts Criminal Offender Record Information Within Massachusetts, refers to: – All MA criminal record information, regardless of source, and – The official statewide criminal record repository; oversight by Department of Criminal Justice Information Services (DCJIS) CORI Reform – Effective 11/04/2010, Ban the Box – Effective 05/04/2012, iCORI – 803 CMR 2.00 and 11.00 Final Regulations Issued May 29, 2012 © 2012 Verifications, Inc. May 31, 2012 - 3
  4. 4. What Is iCORI? Newly Introduced DCJIS Web-based Service to access CORI statewide criminal record information Provides Three Levels* of Access to CORI – Required, Levels 1 – 4 • Most comprehensive information; level 4 greatest amount • Available to employers that are required by law, regulation, accreditation to check CORI at statewide level – Standard • Comprehensive information • Available to employers – Open • Limited information • Available to general public* Also Personal Level © 2012 Verifications, Inc. May 31, 2012 - 4
  5. 5. iCORI Access Level Summary Most Employers Standard Access ($25 fee*) Will Have “Standard – Murder, manslaughter, or sex offense convictions Access” – 5 years** of misdemeanor convictions – 10 years** of felony convictions – Pending offenses Required Access 1 – 4; Higher Number Increases Information Provided ($25 fee) – Required 1 provides all adult/youthful convictions & pending offenses – Required 2 adds non-convictions – Required 3 adds juvenile offenses – Required 4 adds sealed cases* Must use MA e-Pay System** From disposition date or incarceration release © 2012 Verifications, Inc. May 31, 2012 - 5
  6. 6. iCORI Access Level Summary (continued) Open ($50 fee*) – Provides • Murder, manslaughter, or sex offense convictions • 1 year** of misdemeanor convictions • 2 years** of felony convictions • 10 years** of felony convictions where felony is punishable by 5 or more years in state prison – Does Not Provide • Non-convictions • Pending offenses • Misdemeanor convictions older than 1 year** • Felony convictions older than 2 years** • Sealed, juvenile, civil, non-incarcerable cases* Must use MA e-Pay System** From disposition date or incarceration release © 2012 Verifications, Inc. May 31, 2012 - 6
  7. 7. New Requirements for Employers Using iCORI Employer Preparatory Actions – Register to Create Account – Register Annually with State – Designated Person Completes Annual Training (web based) – Authorize CRA to Process (if applicable) Process for Conducting iCORI Checks – Applicant must complete “Acknowledgement Form” and “Subject Information” – Employer must review government-issued ID documents and sign off (can be done by notary for remote applicants) – Retain Acknowledgement Forms/Subject Information for 1 year © 2012 Verifications, Inc. May 31, 2012 - 7
  8. 8. Does not eliminate need for FCRA disclosure and authorization© 2012 Verifications, Inc. May 31, 2012 - 8
  9. 9. Collects information which may be viewed as potentially discriminatory© 2012 Verifications, Inc. May 31, 2012 - 9
  10. 10. Uses Same “Subject Information” Page© 2012 Verifications, Inc. May 31, 2012 - 10
  11. 11. New Requirements for Employers Using CORI Using iCORI Results – Must provide copy of CORI and source of information before discussing with applicant If adverse action is considered, provide to applicant: – Criminal record information – Employer’s CORI policy – How to correct record (provided by State) Dissemination and Storage – Treat CORI information as confidential; limit access – Maintain secondary dissemination log – Store securely (locked cabinets, encrypted electronic storage, no cloud storage) Creates “Safe Harbor” © 2012 Verifications, Inc. May 31, 2012 - 11
  12. 12. New Requirements for All Employers(Conducting 5 or more criminal checks in MA annually, regardless of source) Written CORI Policy (Sample Provided by State) • Conducting CORI Screening / Acknowledgement Form • Access to CORI / Confidentiality and need to know • CORI Training / Informed Review Based on CORI laws/regulations • Use of Criminal History in Background Screening / No automatic disqualifications • Verifying a Subject’s Identity / Compare CORI record and Acknowledgment Form for match • Inquiring about Criminal History / Provide CORI information and source before inquiry • Determining Suitability / EEOC-like considerations • Adverse Decision Based on CORI / Opportunity to dispute • Secondary Dissemination Logs / Forwarding outside of organization © 2012 Verifications, Inc. May 31, 2012 - 12
  13. 13. Verifications’ Solutions Process iCORI Searches on Client’s Behalf – Attestations Required from Client Process Adverse Action upon Client Request – Include Copy of Client’s CORI Policy – Include Copy of How to Correct CORI information © 2012 Verifications, Inc. May 31, 2012 - 13
  14. 14. Should Employers Use iCORI? Requirements Choice Made by each Company/Organization Use of Other Statewide Repositories Compare Processing Burden to Benefit Derived © 2012 Verifications, Inc. May 31, 2012 - 14
  15. 15. Compliance Corner http://www.mass.gov/eopss/agencies/dcjis/ © 2012 Verifications, Inc. May 31, 2012 - 15
  16. 16. Questions? compliance@verificationsinc.com© 2012 Verifications, Inc. May 31, 2012 - 16
  17. 17. Massachusetts CORI Reform © 2012 Verifications, Inc. May 31, 2012 - 17

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