reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.14 - Storage and Retention of CORI

Current through Register 1525, July 5, 2024
(1) Hard copies of
			 CORI shall be stored in a separate locked and secure location, such as a file
			 cabinet. Access to the locked and secure location shall be limited to employees
			 who have been approved to access CORI.
(2) Electronically-stored CORI shall be
			 password protected and encrypted. Password access shall be limited to only
			 those employees who have been approved to access CORI.
(3) CORI may be stored using cloud storage
			 methods. When CORI is stored using cloud storage methods the following shall be
			 followed:
(a) The requestor shall have a
			 written agreement with the cloud storage provider. The written agreement shall
			 include the minimum security requirements published by DCJIS concerning cloud
			 storage. Said agreement is subject to inspection by DCJIS and shall be provided
			 to DCJIS upon request.
(b) The
			 cloud storage method shall provide for encryption and password protection of
			 all CORI.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.15 - Destruction of CORI and CORI Acknowledgment Forms

Current through Register 1525, July 5, 2024
(1) Hard
			 copies of CORI and CORI Acknowledgment Forms shall be destroyed by shredding or
			 burning.
(2) Electronic copies of
			 CORI and CORI Acknowledgment Forms shall be destroyed by deleting them from the
			 device on which they are stored and from any system used to back up the
			 information and by degaussing the device or overwriting the files with 1s and
			 0s multiple times.
(3) CORI and
			 CORI Acknowledgment Forms shall be appropriately destroyed by the electronic or
			 mechanical means described above before disposing of, or repurposing, a
			 computer or other device used to store CORI.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.16 - Required Dissemination of CORI

Current through Register 1525, July 5, 2024
(1) Each employer,
			 volunteer organization, or governmental licensing agency shall provide a copy
			 of a subject's CORI or other criminal history information, and shall disclose
			 the source of the information, to him or her:
(a) before asking any questions about the
			 subject's criminal history; and
(b)
			 before making an adverse employment, volunteer, or licensing decision based on
			 the subject's CORI.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.17 - Permissive Dissemination of CORI

Current through Register 1525, July 5, 2024
(1) An employer,
			 volunteer organization, or governmental licensing agency may disseminate a
			 subject's CORI to the subject.
(2)
			 If an employer, volunteer organization, or governmental licensing agency is a
			 party to a complaint or legal action as a result of any decision based on CORI,
			 then the employer, volunteer organization, or governmental licensing agency may
			 disseminate CORI to an administrative agency or court for the purpose of
			 defending its decision.
(3) CORI
			 may be disseminated during litigation as part of the discovery process, but may
			 not be further disseminated, except as otherwise permitted by law and
			 regulation. CORI may not be publicly filed, except as authorized by court
			 order.
(4) An employer, volunteer
			 organization, or governmental licensing agency may disseminate a subject's CORI
			 to its staff who have been authorized to request, receive, or review CORI for
			 the purposes of evaluating the subject's application for employment or
			 licensing.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.18 - CORI Policy Requirement for Certain Requestors and the Need to Know Requirements

Current through Register 1525, July 5, 2024
(1) A person or
			 entity which conducts five or more criminal background investigations annually,
			 whether the information is obtained from DCJIS or another source, shall
			 maintain a written CORI policy which shall at least contain and apply all
			 provisions from the DCJIS Model CORI Policy.
(2) A CORI policy may be developed and
			 maintained, regardless of the number of CORI requests conducted.
(3) Each requestor shall maintain a "need to
			 know" list of staff that have been authorized to request, receive, or review
			 CORI. This list shall be updated periodically, but not less than every six
			 months, and shall be made available to DCJIS upon request. A requestor may also
			 provide the "need to know" list to a subject or subject's attorney or legally
			 designated representative upon request.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.19 - Requirement to Maintain a Secondary Dissemination Log

Current through Register 1525, July 5, 2024
(1)
			 CORI shall not be disseminated except as otherwise provided in
			 803
			 CMR 2.16 and
			 2.17, or as otherwise
			 authorized by the law, regulation, or accreditation requirement that allows for
			 CORI access.
(2) In the limited
			 circumstances under which CORI may be lawfully disseminated outside of the
			 requestor's organization, the requestor shall either enter into an approved
			 memorandum of understanding with the recipient or else record each such
			 dissemination in a secondary dissemination log.
(a) An approved memorandum of understanding
			 shall:
1. be approved by DCJIS prior to
			 execution;
2. be entered into
			 between any and all parties that will disseminate, receive, or have any access
			 to CORI pursuant to the agreement;
3. be signed by individuals with signatory
			 authority on behalf of any and all such parties;
4. conform with all statutes, regulations,
			 and policies applicable to CORI access; and
5. describe in detail all circumstances in
			 which CORI will be shared, including the means and media to be used, any and
			 all security controls, all persons with access to any CORI under the agreement,
			 the purpose of such information sharing, and the legal authority for said
			 agreement.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.20 - Adverse Employment Decision Based on CORI or Other Criminal History Information

Current through Register 1525, July 5, 2024
(1) Before taking
			 adverse action against an employment applicant, volunteer applicant, employee,
			 or volunteer, if the action is based on the subject's CORI or any other
			 criminal history information, then the employer or volunteer organization
			 shall:
(a) comply with applicable federal and
			 state laws and regulations;
(b)
			 notify the subject in person, by telephone, fax, or electronic or hard copy
			 correspondence of the potential adverse employment action;
(c) provide a copy of the subject's CORI or
			 criminal history information to the subject;
(d) identify the source of the CORI or
			 criminal history information;
(e)
			 provide a copy of the requestor's CORI Policy, if applicable, to the
			 subject;
(f) identify the
			 information in the subject's CORI or criminal history information that forms
			 any basis for the potential adverse action;
(g) provide the subject with the opportunity
			 to dispute the accuracy of the information contained in the CORI or criminal
			 history information;
(h) when CORI
			 is considered as a part of a potential adverse action, provide the subject with
			 a copy of DCJIS information regarding the process for correcting CORI;
			 and
(i) document all steps taken to
			 comply with
			 803
			 CMR 2.20.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.21 - Adverse Licensing Decision Based on CORI or Other Criminal History Information

Current through Register 1525, July 5, 2024
(1) A governmental
			 licensing agency shall provide a licensing applicant with information regarding
			 an appeal process, which information and process shall include the opportunity
			 to dispute the accuracy of the information contained in CORI or criminal
			 history information.
(2) At the
			 time of making a final adverse decision, including any appeals, on an
			 application for a license, if the decision is based on the subject's CORI or
			 any other criminal history information, the governmental licensing agency
			 shall:
(a) comply with applicable federal and
			 state laws and regulations;
(b)
			 notify the licensing applicant in person, by telephone, fax, or electronic or
			 hard copy correspondence of the potential adverse licensing decision;
(c) provide a copy of the licensing
			 applicant's CORI or criminal history information to the licensing
			 applicant;
(d) identify the source
			 of the CORI or criminal history information;
(e) provide a copy of the agency's CORI
			 Policy, if applicable, to the subject;
(f) identify the information in the licensing
			 applicant's CORI that forms any basis for the potential adverse
			 decision;
(g) when CORI is
			 considered as a part of a potential adverse decision, provide the licensing
			 applicant with a copy of DCJIS information regarding the process for correcting
			 CORI; and
(h) document all steps
			 taken to comply with
			 803
			 CMR 2.21(1).
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.22 - Use of a Consumer Reporting Agency (CRA)

Current through Register 1525, July 5, 2024
(1) A requestor
			 may utilize the services of a Consumer Reporting Agency (CRA) to request CORI
			 for an employment or volunteer applicant, an employee or volunteer, or a
			 licensing applicant.
See
803 CMR
			 11.00:
Consumer Reporting Agency
			 (CRA)
.
(a) Before a CRA can request
			 CORI from DCJIS on a requestor's behalf, the requestor shall:
1. register for an iCORI account and
			 designate the CRA as an entity authorized to submit iCORI checks on the
			 requestor's behalf;
2. notify the
			 subject, in writing and in a separate document consisting solely of such
			 notice, that a consumer report may be used in the decision making
			 process;
3. obtain the subject's
			 separate written authorization to conduct background screening before asking a
			 CRA for the report regarding the subject. A requestor shall not substitute the
			 CORI Acknowledgment Form for this written authorization; and
4. obtain a signed CORI Acknowledgment Form
			 and follow all requirements pertaining to verification of identity as set forth
			 in 803 CMR 2.11.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.23 - Audits by DCJIS

Current through Register 1525, July 5, 2024
(1) Any and all
			 requests for CORI are subject to audit at any time by DCJIS.
(2) Each requestor who requests CORI shall
			 respond to, cooperate with, and participate in audits conducted by DCJIS.
(a) Failure to respond to, cooperate with, or
			 participate in an audit may result in immediate revocation of CORI
			 access.
(b) If CORI access is
			 revoked for failure respond to, cooperate with, or participate in a DCJIS
			 audit, the requestor shall not obtain CORI through a CRA.
(c) DCJIS may restore CORI access upon
			 completion of its audit.
(d) DCJIS
			 may also initiate a complaint with the CRRB against any requestor for failure
			 respond to, cooperate with, or participate in an audit.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.24 - Confidentiality and Privacy of CORI

Current through Register 1525, July 5, 2024
(1) A requestor
			 shall not request an individual's CORI before obtaining that individual's
			 authorization, except when requesting Open Access CORI. This prohibition does
			 not apply to a request by a criminal justice agency made for an authorized
			 criminal justice purpose.
(2)
			 Restrictions on access to and dissemination of an individual's CORI shall
			 terminate upon the individual's death. Upon request, and with a valid death
			 certificate or reasonable proof of death as determined by DCJIS, any person or
			 entity may access a deceased individual's entire CORI.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.25 - CORI Self-audit

Current through Register 1525, July 5, 2024
(1) A self-audit is
			 a report of all CORI requests made on the requesting individual through the
			 iCORI system apart from those made by criminal justice agencies. A self-audit
			 may be requested at any time.
(2) A
			 self-audit may only be requested by the subject individual or the subject
			 individual's legally designated representative or attorney on his or her
			 behalf. Requesting a self-audit under other circumstances, such as an attempt
			 to obtain another person's personal information, is a violation of M.G.L. c. 6,
			 § 178.
(3) To obtain a
			 self-audit, an individual may register for an iCORI account. A self-audit may
			 also be requested from DCJIS via mail using a request form developed by
			 DCJIS.
(4) All self-audit requests
			 submitted by mail shall be notarized.
(5) An individual may request one free
			 self-audit every 90 days. A fee will be charged for any subsequent self-audit
			 requests made during any 90-day period.
(6) A self-audit is not a public
			 record.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.26 - Inaccurate CORI

Current through Register 1525, July 5, 2024
(1) An individual
			 may file a complaint with DCJIS regarding inaccurate information on his or her
			 CORI using the process established by DCJIS.
(2) DCJIS does not have authority to amend
			 any records of the Trial Court. In responding to a complaint of inaccurate
			 CORI, DCJIS may refer the complaining subject to the appropriate agency with
			 authority to remedy the complaint.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.27 - CORI Complaints

Current through Register 1525, July 5, 2024
(1) A complaint may
			 be filed with DCJIS for any violation(s) of the CORI laws and regulations
			 including, but not limited to:
(a) improper
			 access to or dissemination of CORI; and
(b) failure of a person to follow
			 regulations, including
			 803 CMR
			 2.00,
			 803 CMR
			 5.00:
Criminal Offender Record Information
			 (CORI) - Housing
, and
			 803 CMR
			 11.00:
Consumer Reporting Agency
			 (CRA)
.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.28 - The Criminal Record Review Board

Current through Register 1525, July 5, 2024
(1) The CRRB is an
			 18-member Board, created pursuant to M.G.L. c. 6, § 168(a), that shall
			 meet regularly to review complaints and investigate incidents involving
			 allegations of statutory and regulatory CORI violations.
(2) The CRRB shall be consulted concerning
			 the adoption of rules and regulations for the implementation, administration,
			 and enforcement of M.G.L. c. 6, §§ 168 through 178A, and the
			 collection, storage, access, dissemination, content, organization, and use of
			 criminal offender record information by requestors.
(3) CRRB shall have the authority to:
(a) dismiss a CORI complaint;
(b) appoint a CRRB member, three-member
			 subcommittee, or hearing officer to conduct hearings or conferences of CORI
			 violation complaints;
(c) issue
			 summonses to compel the attendance of witnesses and require their testimony at
			 hearings or conferences;
(d)
			 require the production of books, records, and documents for hearings or
			 conferences;
(e) administer oaths
			 at hearings or conferences;
(f)
			 order any party who fails to appear at a conference or hearing, after a request
			 for translation services, to pay the costs of the translator;
(g) remand a complaint presented to it for
			 additional fact finding;
(h) hear
			 complaints and investigate any incidents alleging violations of M.G.L. c. 6,
			 §§ 168 through 178A;
(i)
			 hear complaints and investigate any incidents alleging violations of DCJIS or
			 CRRB rules or regulations;
(j)
			 enter into consent agreements regarding alleged violations of the CORI laws and
			 regulations;
(k) revoke access to
			 CORI;
(l) impose civil fines of up
			 to $50,000 for each knowing CORI violation; and
(m) refer any complaint to state or federal
			 criminal justice agencies for criminal investigation.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.29 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				803 CMR
				2.00, or the application thereof, is held to be
				invalid, such invalidity shall not affect the other provisions or the
				application of any other part of
				803 CMR
				2.00 not specifically held invalid, and to this end,
				the provisions of
				803 CMR
				2.00 and the various applications thereof are declared
				to be severable.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 5.00 - Criminal Offender Record Information (CORI) - Housing › Section 5.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
(1)
								803 CMR
			 5.00 sets forth requirements for the use of CORI for
			 evaluating applicants for the rental or lease of housing, as well as for the
			 storage and dissemination of CORI.
(2)
								803 CMR
			 5.00 applies to landlords, real estate agents, public
			 housing authorities, and property management companies that request CORI for
			 the purpose of screening applicants for the rental or lease of
			 housing.
(3) Nothing contained in
			 803 CMR
			 5.00 shall be interpreted to limit the authority
			 granted to the Criminal Record Review Board (CRRB) or to DCJIS by the
			 Massachusetts General Laws.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 5.00 - Criminal Offender Record Information (CORI) - Housing › Section 5.02 - Definitions

Current through Register 1525, July 5, 2024
All definitions set forth in
				803 CMR
				2.00:
Criminal Offender Record Information
				(CORI)
, 7.00:
Criminal Justice Information System
				(CJIS)
, 8.00:
Obtaining Criminal Offender Record Information
				(CORI) for Research Purposes
, 9.00:
Victim Notification
				Registry (VNR)
, 10.00:
Gun Transaction Recording
and
				11.00:
Consumer Reporting Agency (CRA)
are incorporated by
				reference in
				803
				CMR 5.02. The following additional words and
				phrases as used in
				803 CMR
				5.00 shall have the following meanings:
Copy
or
Hard
				Copy
. A physical or electronic version of the CORI that is
				available to a subject or subject's attorney or legally designated
				representative. This shall not include a summary of the CORI. Allowing a
				subject or his or her attorney or legally designated representative to view
				and/or copy down the subject's CORI does not qualify as providing a copy of the
				CORI.
Housing Applicant
. An individual who
				applies to rent or lease housing, including market rate and subsidized
				housing.
Landlord
. An individual that owns and
				rents or leases housing to another individual or business entity.
Market Rate Housing
. Housing that is
				privately owned and not subsidized by any federal or state housing program.
				Market rate housing shall include housing for which the landlord or property
				management company receives a subsidized housing voucher.
Public Housing Authority
. A federal,
				state, or local governmental entity charged with administering any federal or
				state-funded subsidized housing program.
Property Management Company
. A
				business entity that owns housing property to rent or lease or acts on behalf
				of an owner of housing to rent or lease housing property. Property Management
				Company, as referenced in
				803 CMR
				5.00 shall include, but not be limited to, a condo
				association where such condo association self-manages the rental or lease of
				housing.
Real Estate Agent
. An individual or
				business entity that acts as an agent on behalf of a landlord or property
				management company to rent or lease housing.
Subsidized Housing
. Any program of
				rental assistance funded by the state or federal government. However,
				subsidized housing shall not include market rate housing for which the landlord
				or property management company receives a subsidized housing
				voucher.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 5.00 - Criminal Offender Record Information (CORI) - Housing › Section 5.03 - iCORI Registration

Current through Register 1525, July 5, 2024
To access the iCORI system, a requestor must first register for
				an iCORI account as outlined in
				803
				CMR 2.04:
iCORI
				Registration
.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 5.00 - Criminal Offender Record Information (CORI) - Housing › Section 5.04 - Access to CORI by Landlords, Property Management Companies, and Real Estate Agents to Evaluate Housing Applicants for Market Rate Housing

Current through Register 1525, July 5, 2024
(1) A landlord, property management company,
			 or real estate agent may request standard access CORI, as defined in
			 803
			 CMR 2.05(4),on a housing
			 applicant who is applying for market rate housing owned or controlled by the
			 landlord, property management company, or real estate agent for the purpose of
			 evaluating the housing applicant for housing.
(2) CORI shall only be requested for a
			 housing applicant as the final step in the application process.
(3) No landlord, property management company,
			 or real estate agent shall use standard access CORI, accessed pursuant to
			 803
			 CMR 2.05(4), to evaluate an
			 individual seeking to buy or sell real property or for the purpose of screening
			 other household members.
(4) A
			 landlord, property management company, or real estate agent may request open
			 access CORI, as defined in
			 803
			 CMR 2.05(5), for the purpose
			 of screening an individual other than the housing applicant.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 5.00 - Criminal Offender Record Information (CORI) - Housing › Section 5.05 - Access to CORI by Public Housing Authorities and Certain Property Management Companies to Evaluate Housing Applicants for Subsidized Housing

Current through Register 1525, July 5, 2024
(1) Prior to accessing CORI to evaluate a
			 housing applicant for subsidized housing, each public housing authority and
			 property management company that administers a subsidized housing program for
			 qualifying subsidized housing units shall register for an iCORI account
			 pursuant to
			 803
			 CMR 5.03.
(2) A public housing authority or property
			 management company that administers a subsidized housing program for qualifying
			 subsidized housing units may request required CORI access, as defined in
			 803
			 CMR 2.05(3), regarding a
			 housing applicant who is applying for subsidized housing owned or controlled by
			 the public housing authority or property management company that administers a
			 subsidized housing program for qualifying subsidized housing units for the
			 purpose of evaluating a housing applicant.
(3) Public housing authorities and property
			 management companies that administer a subsidized housing program for
			 qualifying subsidized housing units shall screen housing applicants for
			 subsidized housing only as provided by state and federal law. CORI shall only
			 be requested for a housing applicant as the final step in the application
			 process.
(4) A property management
			 company that administers a subsidized housing program for qualifying subsidized
			 housing units that also manages or owns market rate housing shall not use
			 required access CORI to evaluate housing applicants for market rate housing.
			 Said entities may access standard or open CORI access, as provided in
			 803
			 CMR 5.04, for this purpose.
(5) A public housing authority may qualify to
			 receive national criminal history information from the Federal Bureau of
			 Investigation by executing a memorandum of understanding with the local police
			 department.
(a) National criminal history
			 information received under
			 803
			 CMR 5.05(5) shall be used
			 only as permitted by federal and state laws for the purpose of determining
			 suitability for subsidized housing programs.
(b) Improper access to, or dissemination of,
			 national criminal history information may result in both criminal and civil
			 sanctions.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 5.00 - Criminal Offender Record Information (CORI) - Housing › Section 5.06 - Procedures for Requesting CORI to Evaluate a Housing Applicant

Current through Register 1525, July 5, 2024
(1) Prior to submitting a CORI request to
			 evaluate a housing applicant, a landlord, property management company, real
			 estate agent, or public housing authority shall obtain a signed CORI
			 Acknowledgment Form and follow all procedures related to the CORI
			 acknowledgment form and verification of identity procedures as set forth in
			 803
			 CMR 2.11:
Requirements for Requestors
			 to Request CORI
.
(2) A
			 CORI Acknowledgment Form may be collected electronically in accordance with the
			 provisions of
			 803
			 CMR 2.12:
Electronic Submission of
			 CORI Acknowledgment Forms
.
(3) Nothing in
			 803 CMR
			 5.00 shall be construed to prohibit a landlord,
			 property management company, real estate agent, or public housing authority
			 from making an adverse housing decision on the basis of a subject's refusal to
			 consent to a lawful request for CORI.
(4) CORI Acknowledgment Forms must be
			 retained for a minimum of one year from the date of the housing applicant's
			 signature.
(5) Subsequent CORI
			 requests for a housing applicant's CORI may only be submitted as authorized by
			 applicable state or federal law.
When subsequent CORI requests are authorized under applicable
				state or federal law, procedures related to subsequent verification of identity
				are set forth in
				803
				CMR 2.13:
Identity Verification
				Exemption for Subsequent CORI Checks
shall apply to the
				request.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 5.00 - Criminal Offender Record Information (CORI) - Housing › Section 5.07 - CORI Policy Requirement for Certain Requestors and Need to Know Requirements

Current through Register 1525, July 5, 2024
(1) Any landlord, property management company, real estate agent, or public housing authority shall maintain a CORI policy and need to know list as provided in 803 CMR 2.18:
CORI Policy Requirement for Certain Requestors and the Need to Know Requirements
.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 5.00 - Criminal Offender Record Information (CORI) - Housing › Section 5.08 - Storage and Retention of CORI

Current through Register 1525, July 5, 2024
(1) Hard copies and electronic copies of CORI shall only be retained and stored as provided in 803 CMR 2.14:
Storage and Retention of CORI
.
(2) CORI shall not be retained for longer than seven years from the last date of residency of the housing applicant in the housing unit or the date of a housing decision regarding the housing applicant, whichever is later.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 5.00 - Criminal Offender Record Information (CORI) - Housing › Section 5.09 - Destruction of CORI

Current through Register 1525, July 5, 2024
Hard and electronic copies of CORI shall only be destroyed in
				accordance with the provisions of
				803
				CMR 2.15:
Destruction of CORI and
				CORI Acknowledgment Forms
.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 5.00 - Criminal Offender Record Information (CORI) - Housing › Section 5.10 - Required Dissemination of CORI or other Criminal History Information by a Landlord, Property Management Company, Real Estate Agent, or Public Housing Authority

Current through Register 1525, July 5, 2024
(1) Each landlord,
			 property management company, real estate agent, or public housing authority
			 shall provide a copy of a housing applicant's CORI or other criminal history
			 information, and shall disclose the source of the information, to him or her:
(a) before asking the applicant any questions
			 about the criminal history; and
(b)
			 before making an adverse housing decision based on the housing applicant's CORI
			 or other criminal history information.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 5.00 - Criminal Offender Record Information (CORI) - Housing › Section 5.11 - Permissive Dissemination of CORI by a Landlord, Property Management Company, Real Estate Agent, or Public Housing Authority

Current through Register 1525, July 5, 2024
(1) A
			 landlord, property management company, or real estate agent may disseminate a
			 housing applicant's CORI to the housing applicant.
(2) If a landlord, property management
			 company, real estate agent, or public housing authority is a party to a
			 complaint or legal action as a result of any decision based on CORI, the
			 landlord, property management company, real estate agent, or public housing
			 authority may disseminate CORI in the tenant appeals process or to an
			 administrative agency or court for the purpose of defending its
			 decision.
(3) A property management
			 company or real estate agent may disseminate a housing applicant's CORI to the
			 owner of the housing unit for which the housing applicant is applying. A public
			 housing authority may disseminate a housing applicant's CORI to the owner of
			 the housing unit for which the housing applicant is applying unless the public
			 housing authority, in
lieu
of the owner of the housing unit,
			 is responsible for determining compliance with CORI requirements for renting or
			 leasing such housing.
(4) A
			 property management company or public housing authority may disseminate a
			 housing applicant's CORI to its staff who have been authorized to request,
			 receive, or review CORI for the purposes of determining whether to rent or
			 lease housing.
(5) Each public
			 housing authority may disseminate a housing applicant's CORI to the applicant's
			 attorney or legally designated representative. However, before receiving the
			 housing applicant's CORI, an applicant's attorney or legally designated
			 representative shall provide a release, signed by the housing applicant,
			 authorizing the attorney or legally designated representative to receive or
			 review the CORI.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 5.00 - Criminal Offender Record Information (CORI) - Housing › Section 5.12 - Requirement to Maintain a Secondary Dissemination Log

Current through Register 1525, July 5, 2024
(1)
			 CORI shall not be disseminated except as otherwise provided in
			 803
			 CMR 5.11 and
			 5.12, or as otherwise
			 authorized by the law, regulation, or accreditation requirement that allows for
			 CORI access.
(2) In the limited
			 circumstances under which CORI may be lawfully disseminated outside of the
			 landlord, property management company, real estate agent, or public housing
			 authority's organization, the entity shall record such dissemination in a
			 secondary dissemination log.
(3)
			 The dissemination of information must be logged in accordance with the
			 requirements set forth in
			 803
			 CMR 2.19:
Requirement to Maintain a
			 Secondary Dissemination Log
.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 5.00 - Criminal Offender Record Information (CORI) - Housing › Section 5.13 - Limitation on Dissemination and Use of CORI

Current through Register 1525, July 5, 2024
(1) CORI accessed
			 pursuant to
			 803
			 CMR 5.04 by a landlord, property management
			 company, or real estate agent shall be used solely for determining whether
			 torent or lease real property to the housing applicant.
(2) CORI accessed pursuant to
			 803
			 CMR 5.05 by a property management company or
			 public housing authority shall be used solely to determine whether the housing
			 applicant qualifies for a subsidized housing program.
(3) Except as provided in
			 803
			 CMR 5.11 and
			 5.12, a landlord, property
			 management company, real estate agent, or public housing authority shall not
			 disseminate CORI received pursuant to
			 803
			 CMR 5.04 or
			 5.05.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 5.00 - Criminal Offender Record Information (CORI) - Housing › Section 5.14 - Adverse Housing Decision Based on CORI or Other Criminal History Information

Current through Register 1525, July 5, 2024
(1) Before taking
			 adverse action on an individual's application for housing based on CORI or
			 criminal history information, a landlord, property management company, or real
			 estate agent shall:
(a) comply with applicable
			 federal and state laws and regulations;
(b) notify the housing applicant in person,
			 by telephone, fax, or electronic or hard copy correspondence of the potential
			 adverse housing action.
(c) if the
			 CORI or other criminal history information was received from a CRA, provide the
			 housing applicant with a pre-adverse action disclosure that includes a copy of
			 the housing applicant's consumer report and a copy of A Summary of Your Rights
			 Under the Fair Credit Reporting Act, published by the Federal Trade Commission
			 and obtained from the CRA, by meeting the housing applicant in person, by
			 telephone, by electronic communication, by fax, or by hard copy
			 correspondence.
(d) provide the
			 applicant with a copy of his or her CORI or other criminal history, and
			 disclose the source of the criminal history information;
(e) provide a copy of the entity's CORI
			 Policy, if applicable;
(f) identify
			 the information that is the basis for the potential adverse action;
(g) provide the applicant with the
			 opportunity to dispute the accuracy of the information;
(h) when CORI is considered as a part of a
			 potential adverse action, provide the applicant with a copy of DCJIS
			 information regarding the process for correcting CORI; and
(i) document all steps taken to comply with
			 803
			 CMR 5.14(1).
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 5.00 - Criminal Offender Record Information (CORI) - Housing › Section 5.15 - Use of a Consumer Reporting Agency (CRA) to Make Housing Decisions

Current through Register 1525, July 5, 2024
(1) A landlord, property management company,
			 real estate agent, or public housing authority may utilize the services of a
			 CRA to request CORI regarding a housing applicant.
(a) Before a CRA can request CORI from DCJIS
			 on behalf of a landlord, property management company, real estate agent, or
			 public housing authority, the housing entity shall:
1. Register for an iCORI account and
			 designate the CRA as an entity authorized to perform CORI checks on its
			 behalf;
2. Notify the housing
			 applicant, in writing and in a separate document consisting solely of this
			 notice, that a consumer report may be used in the housing decision making
			 process;
3. Obtain the housing
			 applicant's separate written authorization to conduct background screening
			 before asking a CRA for the report about the subject. A landlord, property
			 management company, real estate agent, or public housing authority shall not
			 substitute the CORI Acknowledgment Form for this written authorization;
			 and
4. Obtain a signed CORI
			 Acknowledgment Form and follow all requirements pertaining to verification of
			 identity as set forth in
			 803
			 CMR 2.11:
Requirements for Requestors
			 to Request CORI
.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 5.00 - Criminal Offender Record Information (CORI) - Housing › Section 5.16 - Audits by the Department of Criminal Justice Information Services (DCJIS)

Current through Register 1525, July 5, 2024
Any landlord, property management company, real estate agent,
				or public housing authority that obtains CORI from DCJIS shall be subject to
				audit as described in
				803
				CMR 2.23:
Audits by
				DCJIS
.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 5.00 - Criminal Offender Record Information (CORI) - Housing › Section 5.17 - Landlord, Property Management Company, Real Estate Agent, or Public Housing Authority Access to CORI for Purposes Other than the Evaluation of a Housing Applicant

Current through Register 1525, July 5, 2024
Nothing in
				803 CMR
				5.00 shall limit the ability of a landlord, property
				management company, real estate agent, or public housing authority to access
				CORI pursuant to any other section of
				803 CMR
				2.00:
Criminal Offender Record Information
				(CORI)
including, but not limited to, access as an employer or member
				of the general public.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 5.00 - Criminal Offender Record Information (CORI) - Housing › Section 5.18 - Waiver of Certain Fees for Veterans Organizations

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 6, § 172A, and
				803
				CMR 2.04(10), no fee shall
				be assessed for a CORI or self-audit where any veterans organization is
				requesting information relative to employees, volunteers, or veterans for which
				such organization provides housing.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 5.00 - Criminal Offender Record Information (CORI) - Housing › Section 5.19 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				803 CMR
				5.00, or the application thereof, is held to be
				invalid, such invalidity shall not affect the other provisions or the
				application of any other part of
				803 CMR
				5.00 not specifically held invalid and, to this end,
				the provisions of
				803 CMR
				5.00 and various applications thereof are declared to
				be severable.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 7.00 - Criminal Justice Information System (CJIS) › Section 7.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
								803 CMR
			 7.00 is issued in accordance with M.G.L. c. 6,
			 §§ 167A and 172, and in accordance with
			 28 CFR, Part
			 20 as it relates to criminal justice
			 information systems maintained by the Federal Bureau of Investigation
			 (FBI).
(2)
								803 CMR
			 7.00 sets forth the roles, responsibilities, and
			 policies that apply to all agencies and individuals either directly accessing
			 the Criminal Justice Information System (CJIS) or using the data obtained from
			 or through it.
(3)
								803 CMR
			 7.00 applies to all criminal justice agencies, as
			 defined by both M.G.L. c. 6, § 167, and
			 28 CFR, Part
			 20, and to all individuals accessing, using,
			 collecting, storing, or disseminating criminal justice information, including
			 criminal history record information, obtained from or through CJIS or any other
			 system or source to which the Department of Criminal Justice Information
			 Systems (DCJIS) provides access.
(4) Nothing contained in
			 803 CMR
			 7.00 shall be interpreted to limit the authority
			 granted to the Criminal Record Review Board (CRRB) or to DCJIS by the
			 Massachusetts General Laws.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 7.00 - Criminal Justice Information System (CJIS) › Section 7.03 - CJA Access to CJIS

Current through Register 1525, July 5, 2024
(1) To access CJIS,
			 a CJA shall request access through DCJIS.
(2) A CJA accessing or seeking to gain access
			 to local or Commonwealth criminal justice information systems shall meet the
			 definition of a criminal justice agency found at M.G.L. c. 6, § 167, and
			 803
			 CMR 7.02.
(3) A CJA accessing or seeking to gain access
			 to national criminal justice information systems shall meet the definition of a
			 criminal justice agency found at M.G.L. c. 6, § 167, and
			 803
			 CMR 7.02 and shall additionally meet the
			 federal definition of a criminal justice agency found at
			 28 CFR §
									20.3(g), and
			 803
			 CMR 7.02.
(4) Only those agencies which meet the
			 definition of a criminal justice agency found at
			 28 CFR §
									20.3(g) and meet any
			 additional requirements imposed by the FBI shall be provided with an
			 ORI.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 7.00 - Criminal Justice Information System (CJIS) › Section 7.04 - Background Check Requirements

Current through Register 1525, July 5, 2024
(1) State, national, and state-of-residency fingerprint-based background checks shall be conducted on all individuals, including vendors and contractors, with unescorted access to secure areas of a CJA as required by the CSP. These checks are also required for individuals who have direct access to the CJIS system or to local systems and networks which connect to a CJIS network. These checks are also required for dispatchers and all information technology staff or vendors which work with or service the CJA, regardless of whether such persons are directly employed by the CJA and regardless of whether they have unescorted access to secure areas.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 7.00 - Criminal Justice Information System (CJIS) › Section 7.05 - Maintenance of Municipal and Regional Systems

Current through Register 1525, July 5, 2024
(1) Municipal
			 and regional information systems and networks used to access CJIS or connected
			 to a CJIS network shall comply with the standards identified within the latest
			 version of the CSP.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 7.00 - Criminal Justice Information System (CJIS) › Section 7.06 - CJIS User Agreements and Global Justice/Public Safety User Agreements

Current through Register 1525, July 5, 2024
(1) A CJIS User Agreement shall be executed
			 annually with DCJIS by each agency with direct access to CJIS or to the
			 information contained within or obtained through CJIS.
(2) Each such agency shall execute a new CJIS
			 User Agreement with DCJIS whenever there are changes to the agency head, the
			 CJIS representative, the backup CJIS representative, or the CJIS technical
			 representative.
(3) A CJIS User
			 Agreement may be amended directly or by a memorandum of understanding executed
			 by DCJIS and the relevant agency.
(4) DCJIS may require an amendment or
			 memorandum of understanding to a CJIS User Agreement for any new use or
			 application of CJIS.
(5) DCJIS may
			 require the execution of a Global Justice and Public Safety User Agreement for
			 any agency with direct access to criminal justice information maintained in
			 systems other than CJIS. Such an agreement may be amended directly or by a
			 memorandum of understanding executed by DCJIS and the relevant
			 agency.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 7.00 - Criminal Justice Information System (CJIS) › Section 7.07 - Roles and Responsibilities

Current through Register 1525, July 5, 2024
(1)
DCJIS is the FBI CSA for Massachusetts
. In this
			 capacity, DCJIS shall be responsible for the administration and management of
			 FBI CJIS on behalf of the FBI, and shall be responsible for overseeing access
			 to all FBI systems and information by Massachusetts agencies, as well as for
			 ensuring system security, training, policy compliance, and auditing.
(2) Each agency head shall be responsible
			 for:
(a) designating a CJIS representative, a
			 backup CJIS representative, and a technical representative; the CJIS
			 representative or backup CJIS representative may also serve as the technical
			 representative if necessary;
(b)
			 ensuring that all agency users of CJIS, or the information obtained from it,
			 have been trained, tested, and certified within six months of hire and every
			 two years thereafter;
(c)
			 responding to audit questionnaires, complaints, and any other inquiries from
			 DCJIS or from the FBI within the time period specified by DCJIS or the
			 FBI;
(d) providing to DCJIS or the
			 FBI the results of any investigation into the misuse of CJIS or any other
			 system or source to which DCJIS provides access;
(e) reporting to DCJIS as soon as possible
			 any misuse of CJIS, including improper access to or improper dissemination of
			 information contained within or obtained through CJIS;
(f) executing the CJIS User Agreement as
			 required;
(g) ensuring that the
			 agency adheres to all CJIS and FBI policies and procedures, including the FBI
			 CJIS Security Policy;
(h) notifying
			 DCJIS as soon as practicable of any changes in contact information for the
			 agency, the agency head, the CJIS representative, the backup CJIS
			 representative, or the technical representative; and
(i) ensuring compliance with all state and
			 federal laws, regulations, and policies related to CJIS and/or to any other
			 system or source to which DCJIS provides access.