reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 7.00 - Criminal Justice Information System (CJIS) › Section 7.08 - Fingerprinting

Current through Register 1525, July 5, 2024
(1) Fingerprints shall be submitted to the
			 Massachusetts State Police State Identification Section (SIS) in the following
			 instances:
(a) any employment background
			 check for a position with a criminal justice agency;
(b) any felony arrest by a law enforcement
			 agency, as required by M.G.L. c. 263, § 1A;
(c) any arrest for a felony violation of
			 M.G.L. c. 94C, as required by M.G.L. c. 94C, § 45;
(d) detentions and/or incarcerations by the
			 Department of Correction and/or Sheriffs' Departments, including any such
			 detentions and/or incarcerations in jails, houses of correction, or state
			 prisons; and
(e) any screening of a
			 licensee or license applicant for specific categories as authorized by
			 ordinance, bylaw, state statute, or federal law and which have been approved by
			 the FBI.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 7.00 - Criminal Justice Information System (CJIS) › Section 7.09 - Prohibited Access to CJIS and Prohibited Dissemination of Information from CJIS

Current through Register 1525, July 5, 2024
(1) CJIS shall not
			 be accessed or used for any purpose other than an authorized criminal justice
			 purpose. CJIS information shall not be disseminated for any purpose other than
			 an authorized criminal justice purpose. CJIS may be accessed, used, or
			 disseminated for training purposes to facilitate its proper use for authorized
			 criminal justice purposes. When accessing, using, or disseminating CJIS for
			 training purposes, users shall use test records provided by DCJIS. Users shall
			 not access, use, or disseminate other records, nor shall they train with their
			 own personal information or the personal information of any other real
			 individual.
(2) CJIS shall only be
			 accessed or used and CJIS information shall only be disseminated for authorized
			 criminal justice purposes as defined in
			 803
			 CMR 7.02. Such purposes may include but are
			 not limited to the following where they otherwise meet the definition of
			 authorized criminal justice purposes provided in
			 803
			 CMR 7.02:
(a) criminal investigations, including motor
			 vehicle and driver's checks;
(b)
			 criminal justice employment;
(c)
			 arrests or custodial purposes;
(d)
			 civilian employment or licensing purposes as authorized by law and approved by
			 the FBI;
(e) determining the status
			 of a court case for purposes of responding to a public records request;
			 and
(f) research conducted by a
			 CJA.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 7.00 - Criminal Justice Information System (CJIS) › Section 7.10 - Dissemination of CORI by a CJA

Current through Register 1525, July 5, 2024
(1) CORI may be
			 provided to another criminal justice agency for authorized criminal justice
			 purposes.
(2) A CJA with official
			 responsibility for a pending criminal investigation or prosecution may
			 disseminate CORI that is specifically related to and contemporaneous with such
			 investigation or prosecution.
(3) A
			 CJA may disseminate CORI that is specifically related to and contemporaneous
			 with:
(a) the search for or apprehension of
			 any person; or
(b) a disturbance at
			 a penal institution.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 7.00 - Criminal Justice Information System (CJIS) › Section 7.11 - Logging Requirements for Information Dissemination

Current through Register 1525, July 5, 2024
(1)
			 A CJA that provides information obtained from or through CJIS, including CORI
			 and criminal history record information, to another authorized CJA (or to an
			 individual employed by an authorized CJA) other than the inquiring CJA, shall
			 maintain a secondary dissemination log. The log shall contain the following:
(a) subject name;
(b) subject date of birth;
(c) date and time of the
			 dissemination;
(d) name of the
			 individual to whom the information was provided:
(e) name of the agency for which the
			 requestor works; and
(f) specific
			 reason for the dissemination.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 7.00 - Criminal Justice Information System (CJIS) › Section 7.12 - Access to Criminal History Record Information by Non-criminal Justice Agencies

Current through Register 1525, July 5, 2024
(1) DCJIS may grant
			 non-criminal justice agencies access to Criminal History Record Information
			 (CHRI) in accordance with state and federal laws and regulations.
(2) In order to access CHRI in accordance
			 with applicable law, the non-criminal justice agency head shall be responsible
			 for the following:
(a) executing a
			 Non-criminal Justice Agency User Agreement with DCJIS;
(b) submitting requests for, reviewing, and
			 disseminating CHRI results only as authorized by law;
(c) executing and providing DCJIS with an
			 employee designation form for each employee with direct access to the DCJIS
			 system used to obtain CHRI;
(d)
			 ensuring that all employees with direct access to the DCJIS system used to
			 obtain CHRI have been fingerprinted and have had a complete background
			 investigation in accordance with the latest version of the CSP;
(e) designating a local agency security
			 officer (LASO);
(f) ensuring that
			 all employees with access to CHRI have completed an Individual Agreement of
			 Non-disclosure (AOND) form;
(g)
			 ensuring that all employees with access to CHRI have completed
			 training;
(h) 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;
(i) reporting to DCJIS as soon as possible
			 any misuse of CHRI or CJIS, including improper access to or improper
			 dissemination CHRI or other information contained within or obtained through
			 CJIS;
(j) providing to DCJIS or the
			 FBI the results of any investigation into the misuse of CHRI or CJIS or any
			 system or source to which DCJIS provides access;
(k) ensuring that the agency adheres to all
			 DCJIS and FBI policies and procedures, including the CSP;
(l) notifying DCJIS as soon as practicable of
			 any changes in contact information for the agency, including the agency head,
			 local agency security officer, and any employees authorized to access DCJIS
			 systems; and
(m) ensuring
			 compliance with all state and federal laws, regulations, and policies related
			 to CHRI, CJIS, and/or any other system or source to which DCJIS provides
			 access.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 7.00 - Criminal Justice Information System (CJIS) › Section 7.13 - Complaints Alleging Improper Access to or Dissemination of CJIS Information

Current through Register 1525, July 5, 2024
(1) An individual
			 may file a complaint with DCJIS upon the belief that an agency improperly
			 obtained, attempted to obtain, or disseminated CJIS information regarding the
			 individual.
(a) The complaint shall:
1. be signed by the complaining
			 witness;
2. state a reasonable time
			 period within which the complaining witness believes the agency improperly
			 obtained or attempted to obtain or disseminated the CJIS information;
3. state what specific CJIS information the
			 complaining witness believes the agency improperly obtained, attempted to
			 obtain, or disseminated;
4. state
			 which agency the complaining witness believes improperly obtained or attempted
			 to obtain or disseminated the CJIS information;
5. state the names and contact information of
			 any persons the complaining witness believes improperly obtained or attempted
			 to obtain or disseminated the CJIS information; and
6. state any other relevant facts about the
			 allegations.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 7.00 - Criminal Justice Information System (CJIS) › Section 7.14 - Penalties for Improper Access to or Dissemination of CJIS Information

Current through Register 1525, July 5, 2024
(1) An individual found in violation of
			 803 CMR
			 7.00, or of DCJIS or FBI policies and procedures, may
			 be subject to federal and state civil and criminal penalties for improper
			 access to or dissemination of information obtained from or through CJIS
			 pursuant to M.G.L. c. 6, §§ 167A(d), 168, 177, 178 and 178½,
			 as well as 28 CFR, Part
			 20.
(2) Such civil sanctions and penalties may
			 include, but not be limited to, fines issued by the Commissioner of DCJIS
			 pursuant to M.G.L. c. 6, § 167A(d), as well as suspension, revocation, or
			 monitoring of access to CJIS.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 7.00 - Criminal Justice Information System (CJIS) › Section 7.15 - Authority of DCJIS to Maintain Security and Integrity of CJIS

Current through Register 1525, July 5, 2024
Pursuant to its authority and responsibilities in M.G.L. c. 6,
				§§ 167A and 172, if DCJIS detects a possible violation or breach of
				security associated with a CJIS user or agency, it may immediately deactivate
				the account of the user or agency pending further investigation and take
				appropriate action to ensure the security and confidentiality of CJIS
				information.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 7.00 - Criminal Justice Information System (CJIS) › Section 7.16 - Collection and Submission of Arrest Data for Publication to Website

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 6, § 167A(i),
			 CJAs shall provide arrest data to Executive Office of Public Safety and
			 Security (EOPSS) and DCJIS in the format consistent with the National
			 Incident-Based Reporting System of the FBI's Uniform Crime Reporting Program
			 (NIBRS).
(a) All CJAs are subject to this
			 requirement, specifically including but not limited to:
1. the Massachusetts State Police;
2. the Massachusetts Bay Transportation
			 Authority Police Department;
3. any
			 police department in the Commonwealth of Massachusetts or any of its
			 subdivisions;
4. any law
			 enforcement council, as defined in M.G.L. c. 40, § 4J, created by contract
			 between or among cities and towns, pursuant to M.G.L. c. 40, §
			 4A;
5. any entity employing one or
			 more special state police officers appointed pursuant to M.G.L. c. 22C, §
			 63; and
6. each public or private
			 degree-granting post-secondary institution of higher education as required by
			 M.G.L. c. 6, § 168C.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 7.00 - Criminal Justice Information System (CJIS) › Section 7.17 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				803 CMR
				7.00, 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
				7.00 not specifically held invalid and, to this end,
				the provisions of
				803 CMR
				7.00 and various applications thereof are declared to
				be severable.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 8.00 - Obtaining Criminal Offender Record Information (CORI) for Research Purposes › Section 8.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
								803 CMR
			 8.00 sets forth procedures for accessing CORI for
			 academic research purposes.
(2)
								803 CMR
			 8.00 applies to any individual or organization seeking
			 CORI for the purpose of conducting a research project and to all research
			 project members.
(3) Nothing
			 contained in
			 803 CMR
			 8.00 shall be interpreted to limit the authority
			 granted to the Criminal Record Review Board (CRRB), or to the Department of
			 Criminal Justice Information Services (DCJIS) by the Massachusetts General
			 Laws.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 8.00 - Obtaining Criminal Offender Record Information (CORI) for Research Purposes › Section 8.02 - Definitions

Current through Register 1525, July 5, 2024
All definitions set forth in
				803 CMR
				2.00:
Criminal Offender Record Information
				(CORI)
, 5.00:
Criminal Offender Record Information (CORI) -
				Housing
, 7.00:
Criminal Justice Information System
				(CJIS)
, 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
				8.00. No additional terms are defined in
				803
				CMR 8.02.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 8.00 - Obtaining Criminal Offender Record Information (CORI) for Research Purposes › Section 8.03 - Obtaining CORI for Academic Research

Current through Register 1525, July 5, 2024
(1) A criminal
			 justice agency that accesses CORI
via
the CJIS may utilize
			 CORI for research purposes without seeking further approval from
			 DCJIS.
(2) Criminal justice
			 agencies that use CORI for research purposes shall comply with the subject
			 anonymity requirements set forth in
			 803
			 CMR 8.03(3).
(3) All others requesting use of CORI for
			 research purposes shall complete a CORI Research Application and obtain
			 approval from DCJIS. The applicant shall:
(a)
			 provide a detailed description of the research project, including the type of
			 CORI sought and the reason(s) it is relevant to the project; and
(b) demonstrate that the research project is
			 being conducted for a valid educational, scientific, or other public
			 purpose.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 8.00 - Obtaining Criminal Offender Record Information (CORI) for Research Purposes › Section 8.04 - Precautions for CORI Utilization for Research Purposes

Current through Register 1525, July 5, 2024
(1)
			 All agencies and individuals who use CORI for research shall preserve the
			 anonymity of the individuals whose CORI is sought.
(2) A non-criminal justice agency seeking
			 CORI for research purposes shall designate and specifically identify in its
			 CORI Research Application the research project member(s) responsible for
			 preserving the anonymity of research subjects.
(3) The research project director and each
			 project member shall complete an Individual Agreement of Non-disclosure
			 (AOND).
(4) The original AONDs
			 shall be retained by the research project director for a minimum of three years
			 following project completion or termination.
(5) The project researchers shall segregate
			 identifying data from the rest of the CORI by assigning an arbitrary,
			 non-duplicating code which shall be maintained in a secure place under the
			 control of the project director.
(6) Access to the code shall be limited to
			 the project director and to those project members specifically identified as
			 responsible for preserving the anonymity of the research.
(7) 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
.
(8) Upon completion
			 or termination of the research project, the project director shall destroy the
			 code and all CORI data and shall attest to DCJIS, in writing, that such
			 destruction has been effected.
(9)
			 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 8.00 - Obtaining Criminal Offender Record Information (CORI) for Research Purposes › Section 8.05 - Oversight, Audit, and Complaint Processes Regarding Research Use

Current through Register 1525, July 5, 2024
(1) DJCIS shall have the right to inspect any
			 research project and to conduct an audit of the researcher's use of
			 CORI.
(2) DCJIS may require
			 periodic compliance reports.
(3)
			 Upon a finding of CORI misuse, DCJIS may revoke approval for current access,
			 demand and secure the return of CORI, and deny future access to CORI.
(4) A researcher approved for CORI access is
			 subject to the authority of the CRRB, pursuant to
			 803 CMR
			 2.00:
Criminal Offender Record Information
			 (CORI)
.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 8.00 - Obtaining Criminal Offender Record Information (CORI) for Research Purposes › Section 8.06 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				803 CMR
				8.00, 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
				8.00 not specifically held invalid and, to this end,
				the provisions of
				803 CMR
				8.00 and various applications thereof are declared to
				be severable.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 9.00 - Victim Notification Registry (VNR) › Section 9.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
								803 CMR 9.00 is issued in
			 accordance with M.G.L. c. 6, § 172(n) for the purposes described in M.G.L.
			 c. 258B, § 3(t) and M.G.L. c. 6, §§ 172(a)(19), 172(k), and
			 178A.
(2)
								803 CMR 9.00 establishes
			 procedures regarding the registration of individuals for advance notification
			 of an offender's change in custody status and the registration of individuals
			 for access to Criminal Offender Record Information (CORI).
			 803 CMR 9.00 further
			 identifies user responsibilities regarding submission of applications, as well
			 as access to and use of the information contained in the Victim Notification
			 Registry (VNR).
(3)
								803 CMR 9.00 applies to any
			 authorized state, county, or municipal agency that uses the VNR in the course
			 of its criminal justice duties. Further,
			 803 CMR 9.00 applies to any
			 individual who uses the VNR or obtains information from it under notice
			 registration or 178A CORI access registration. Every authorized state, county,
			 or municipal agency that uses the VNR shall be responsible for implementing,
			 enforcing, and monitoring
			 803 CMR 9.00 within their
			 respective jurisdictions.
(4)
			 Nothing contained in
			 803 CMR 9.00 shall be
			 interpreted to limit the authority granted to the Criminal Record Review Board
			 (CRRB) or to the Department of Criminal Justice Information Services (DCJIS) by
			 the Massachusetts General Laws.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 9.00 - Victim Notification Registry (VNR) › Section 9.02 - Definitions

Current through Register 1525, July 5, 2024
All definitions set forth in 803 CMR 2.00:
Criminal Offender Record Information (CORI)
, 5.00:
Criminal Offender Record Information (CORI) - Housing
, 7.00:
Criminal Justice Information System (CJIS)
, 8.00:
Obtaining Criminal Offender Record Information (CORI) for Research Purposes
, 10.00:
Gun Transaction Recording
and 11.00:
Consumer Reporting Agency (CRA)
are incorporated in 803 CMR 9.00 by reference. The following additional words and phrases as used in 803 CMR 9.02 shall have the following meanings:
178A CORI Access
. AVNR registration for a victim of crime, witness, family member of a homicide victim, parent/guardian of a minor victim, or parent/guardian of a minor witness as defined by M.G.L. c. 258B, § 1, that allows access to all available CORI of the person arraigned or convicted of said crime.
Applicant Information
. Identifying information and contact information supplied by the applicant, including name, date of birth, last four digits of social security number, address, phone number, applicant category, and e-mail address (if applicable).
Authenticated User
. An individual authorized to access the VNR.
Authenticated User Agency
. An agency or department authorized by the DCJIS to access the VNR.
Custodial Agency
. The agency to which an offender is sentenced by the court to serve a period of incarceration or commitment.
Notice Registration
. A VNR registration for certain eligible individuals to be notified of certain changes to an offender's custody status pursuant to M.G.L. c. 258B, § 3(t) and M.G.L. c. 6, §§ 172(a)(19) and (k).
Registration Misuse
. The use of information obtained pursuant to VNR registration for other than its intended purpose.
Supervisory Agency
. The agency responsible for the custody or supervision of an offender.
Victim Notification Registry (VNR)
. The internet-based application maintained by the DCJIS and used to register eligible individuals affected by crime, victims, family members of homicide victims, and family members of deceased or incompetent victims for notice of an offender's change in custody status or for access to CORI.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 9.00 - Victim Notification Registry (VNR) › Section 9.03 - Availability of Information Contained in the VNR

Current through Register 1525, July 5, 2024
(1) Pursuant to Massachusetts law (M.G.L. c.
			 6, § 172, M.G.L. c. 66, § 10, and
			 950 CMR
			 32.00:
Public Records Access),
the
			 information contained in the VNR is not subject to public disclosure.
(2) Information contained in the VNR will be
			 treated as confidential unless expressly designated otherwise by the
			 user.
(3) Certain information
			 within the VNR may cease to be confidential upon a finding of registration
			 misuse.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 9.00 - Victim Notification Registry (VNR) › Section 9.04 - VNR Registration

Current through Register 1525, July 5, 2024
(1) Pursuant to
			 M.G.L. c. 258B, § 3(t), victims, upon request, have the right to be
			 informed in advance by the appropriate custodial agency whenever the specified
			 offender receives a temporary, provisional, or final release from custody;
			 whenever a defendant is moved from a secure facility to a less-secure facility;
			 and whenever a defendant escapes from custody. In order to receive such
			 notification of an offender's change in custody status, a victim must register
			 in the VNR through the appropriate authenticated user agency.
(2) Pursuant to M.G.L. c. 6, § 172(k),
			 an authenticated user may, upon request, register an individual in the VNR who
			 articulates a fear of a specific named offender in order to receive advance
			 notification of the offender's change in custody status from the appropriate
			 custodial or supervisory agency.
(3) An individual must register in the VNR in
			 order to receive notice of changes to an offender's custody status or to
			 receive CORI access.
(4) An
			 applicant may apply for registration through one of the authenticated user
			 agencies, directly through the VNR application, or
via
a paper
			 application.
(5) An individual
			 cannot be registered without the individual's consent.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 9.00 - Victim Notification Registry (VNR) › Section 9.05 - Duration and Cancellation of Registrations

Current through Register 1525, July 5, 2024
(1) A VNR registration shall remain active
			 for the natural life of the registered individual or offender, unless cancelled
			 by an authenticated user, by the DCJIS, or by the registered
			 individual.
(2) A VNR registration
			 may be cancelled by an authenticated user agency, or by the DCJIS, in the
			 following circumstances:
(a) the death of the
			 registered individual;
(b) the
			 death of the offender;
(c) a
			 finding of registration misuse;
(d)
			 a finding that a registered individual has made explicit threats or articulated
			 plans to harm an offender upon release from custody;
(e) a finding that the purpose of the
			 registration no longer exists; and
(f) invalid contact information.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 9.00 - Victim Notification Registry (VNR) › Section 9.06 - Eligibility for CORI Access

Current through Register 1525, July 5, 2024
(1) A victim of
			 crime, a witness, or a family member of a homicide victim, all as defined in
			 M.G.L. c. 258B, may register in the VNR to obtain all available CORI of the
			 person accused or convicted of said crime.
(2) All information received pursuant to 803
			 CMR 9.06 is confidential and shall not be shared by the victim, witness, or
			 family member with any other individual or entity, except as reasonably
			 necessary for the security and well-being of the victim or as provided by law,
			 provided however, that the use of this information to harass or commit a crime
			 against the subject of the CORI is prohibited and is subject to the penalties
			 set forth in M.G.L. c. 6, § 178½.
(3) An individual registered for CORI access
			 shall receive:
(a) all pending criminal
			 charges, including cases continued without a finding of guilt, as well as
			 misdemeanor convictions and felony convictions dating from the subject's
			 18th  birthday and, if the subject was adjudicated
			 as an adult while younger than 18 years old, information relating to those
			 offenses;
(b) information regarding
			 charged criminal offenses that did not result in a conviction; and
(c) all criminal convictions and information
			 relating to those offenses for which the subject was adjudicated as an adult
			 while younger than 18 years old.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 9.00 - Victim Notification Registry (VNR) › Section 9.07 - Responsibilities of Registered Individuals

Current through Register 1525, July 5, 2024
(1) A registered individual is responsible
			 for providing any changes to the individual's registration information,
			 including means of contact, name changes, address changes, phone number
			 changes, and email address changes. In order to change or update this
			 information, the individual must contact the DCJIS or any authenticated user
			 agency.
(2) A registered individual
			 shall only use the information received pursuant to the registration for its
			 intended purpose.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 9.00 - Victim Notification Registry (VNR) › Section 9.08 - Responsibilities of Authenticated User Agencies

Current through Register 1525, July 5, 2024
(1) Each authenticated user agency shall
			 draft and enforce a VNR policy that shall include, at a minimum, provisions for
			 the following:
(a) guidelines for agency
			 employees who may have authorized access to VNR data;
(b) procedures regarding registration of VNR
			 applicants;
(c) procedures
			 regarding notification of registered individuals;
(d) procedures to ensure the confidentiality
			 of information contained in the VNR; and
(e) procedures regarding the cancellation of
			 individual accounts.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 9.00 - Victim Notification Registry (VNR) › Section 9.09 - Responsibilities of Custodial and Supervisory Agencies Relevant to Registered Individuals

Current through Register 1525, July 5, 2024
(1) Each
			 custodial or supervisory agency shall check the VNR daily to ascertain if there
			 are any new or pending registration applications on which it must act.
(a) Pending registration applications must be
			 verified or returned to the DCJIS as unverifiable.
(b) Notifications must be made, when
			 applicable, on all approved registrations.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 9.00 - Victim Notification Registry (VNR) › Section 9.10 - Responsibilities of Users of the VNR Public Internet Site

Current through Register 1525, July 5, 2024
(1) An individual utilizing the VNR public
			 internet site must use the VNR solely for its intended purposes.
(2) An applicant registering via the VNR
			 public internet site shall submit all required supporting documentation to the
			 DCJIS within 15 business days of submitting the application.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 9.00 - Victim Notification Registry (VNR) › Section 9.11 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				803 CMR 9.00, 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 9.00 not specifically
				held invalid and, to this end, the provisions of
				803 CMR 9.00 and various
				applications thereof are declared to be severable.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 10.00 - Gun Transaction Recording › Section 10.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
								803 CMR
			 10.00 is issued in accordance with M.G.L. c. 6, §
			 168B, M.G.L. c. 30A, and M.G.L. c. 140, §§ 122, 122A, and
			 123.
(2) Nothing contained in
			 803 CMR
			 10.00 shall be interpreted to limit the authority
			 granted to the Department of Criminal Justice Information Services (DCJIS) or
			 to its commissioner by the Massachusetts General Laws.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 10.00 - Gun Transaction Recording › Section 10.02 - Definitions

Current through Register 1525, July 5, 2024
All definitions set forth in 803 CMR 2.00:
Criminal Offender Record Information (CORI)
, 5.00:
Criminal Offender Record Information (CORI) - Housing
, 7.00:
Criminal Justice Information System (CJIS)
, 8.00:
Obtaining Criminal Offender Record Information (CORI) for Research Purposes
, 9.00:
Victim Notification Registry (VNR)
, and 11.00:
Consumer Reporting Agency (CRA)
are incorporated in 803 CMR 10.00 by reference. The following additional words and phrases as used in 803 CMR 10.02 shall have the following meanings:
Electronic Communication Link
. Refers to the Massachusetts Instant Record Check System (MIRCS).
Gun . Firearms, rifles, shotguns, or machine guns as defined in M.G.L. c. 140, § 121.
Gun Dealer
. A person licensed pursuant to M.G.L. c. 140, §122 to conduct gun transactions.
Massachusetts Instant Record Check System (MIRCS)
. The automated system (and any successor system) owned and maintained by the DCJIS that provides on-line firearms licensing by licensing authorities and on-line reporting of gun transactions by gun dealers. The MIRCS is the sole electronic communication link by which a gun dealer may submit gun transaction data to the DCJIS.
Personal Identification Number (PIN)
. A unique, arbitrary string of characters generated by the MIRCS for each firearms licensee at the time of first issue and at each license renewal.
Verification
. The process of verifying the identity of the firearms license holder and the validity of the firearms license. There are two steps in the verification process. The first involves the submission of the licensee's PIN to the DCJIS and the DCJIS response regarding the identity of the purchaser and the validity of the license. The second step involves the visual inspection of the firearms license presented and the visual comparison of the photo on the license to the individual presenting the license.
Legacy License
. A firearm license issued in the Commonwealth by a licensing authority that has not been issued
via
the MIRCS.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 10.00 - Gun Transaction Recording › Section 10.04 - Training Requirements

Current through Register 1525, July 5, 2024
(1) Only Gun
			 dealers that have successfully completed the MIRCS training provided by the
			 DCJIS will be granted access to MIRCS.
(2) Said training shall be completed within
			 60 days of notice from the commissioner of the DCJIS.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 10.00 - Gun Transaction Recording › Section 10.05 - Background Check Requirements

Current through Register 1525, July 5, 2024
(1) As mandated
			 by M.G.L. c. 6, § 172M, gun dealers shall obtain from the DCJIS all
			 available criminal offender record information (CORI) prior to accepting a
			 person as an employee to determine the suitability of such individual if the
			 person will have direct and unmonitored contact with firearms, shotguns, or
			 rifles.
(2) In order to obtain CORI
			 for this purpose, gun dealers shall register for an iCORI account and submit
			 CORI requests as provided in
			 803 CMR 2.00:
Criminal
			 Offender Record Information (CORI).
(3) Gun dealers mandated by M.G.L. c. 6,
			 § 172M to conduct CORI checks on employees are subject to the provisions
			 of M.G.L. c. 6, §§ 168 through 178B and
			 803 CMR 2.00:
Criminal
			 Offender Record Information (CORI).
(4) A gun dealer who has no employees shall
			 submit a form, specified by the DCJIS Commissioner, to the DCJIS attesting to
			 the fact that he or she is exempt from the provisions of M.G.L. c. 6, §
			 172M.
(5) Failure to comply with
			 the background check requirements set forth in 803 CMR 10.05 shall be reported
			 by the DCJIS to the local licensing authority that issued the gun dealer's
			 license.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 10.00 - Gun Transaction Recording › Section 10.06 - Technical Requirements

Current through Register 1525, July 5, 2024
In order to electronically transmit gun transactions to the
				DCJIS
via
the MIRCS, gun dealers are required to obtain the
				following:
(1) an internet
			 connection;
(2) any type of
			 computer that can connect to the internet; and
(3) a printer.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 10.00 - Gun Transaction Recording › Section 10.07 - Submission of Gun Transactions

Current through Register 1525, July 5, 2024
Gun transactions must be reported electronically to the DCJIS
				via the MIRCS.
(1) The gun dealer will
			 conduct a physical verification of the firearms license and will also compare
			 the photograph on the license to the individual who presented it.
(2) The gun dealer will enter the following
			 information for each gun transaction:
(a) the
			 license number appearing on the firearms license;
(b) the type of gun being
			 purchased;
(c) an indication as to
			 whether or not the gun is a large capacity weapon;
(d) the PIN that corresponds to the firearms
			 license; and
(e) the detailed
			 decriptive information of the firearm.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 10.00 - Gun Transaction Recording › Section 10.08 - Exceptions to the Submission of Transactions via the MIRCS

Current through Register 1525, July 5, 2024
Notwithstanding the MIRCS submission requirements set forth in
				803 CMR
				10.07, a gun dealer may transmit a gun
				transaction to the DCJIS in an alternative manner, to be determined by the
				commissioner of the DCJIS or his or her designee, if:
(1) granted authorization per gun transaction
			 by the commissioner or his or her designee; and
(2) the commissioner or his or her designee
			 determines that the MIRCS infrastructure is not operational.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 10.00 - Gun Transaction Recording › Section 10.09 - Gun Dealer's Access to Firearms Records

Current through Register 1525, July 5, 2024
Gun dealers and their agents shall utilize MIRCS for the
				purpose of conducting gun transactions, including sales, rentals, leases, and
				transfers and to access all previous sales submitted by the respective gun
				dealer. No interface or other automated mechanism for accessing MIRCS shall be
				permitted without the express written permission of the commissioner of the
				DCJIS.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 10.00 - Gun Transaction Recording › Section 10.10 - Sanctions

Current through Register 1525, July 5, 2024
Any licensed gun dealer who violates any provision of, or is
				otherwise not in compliance with,
				803 CMR
				10.00 may be found in violation of M.G.L. c. 140,
				§§ 122 and 123. The DCJIS shall promptly notify the licensing
				authority of any such violations.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 10.00 - Gun Transaction Recording › Section 10.11 - Licensing Authority Dissemination of Firearms Records

Current through Register 1525, July 5, 2024
A licensing authority, as defined by M.G.L. c. 140, shall only
				disseminate information contained in the MIRCS as authorized by M.G.L. c. 66,
				§ 10.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 10.00 - Gun Transaction Recording › Section 10.12 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				803 CMR
				10.00, 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
				10.00 not specifically held invalid and, to this end,
				the provisions of
				803 CMR
				10.00 and various applications thereof are declared to
				be severable.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 11.00 - Consumer Reporting Agency (CRA) › Section 11.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
								803 CMR
			 11.00 sets forth requirements and procedures for
			 Consumer Reporting Agencies that request CORI from DCJIS to screen their own
			 prospective or current employees, that request CORI from DCJIS on behalf of
			 iCORI-registered clients, or that request Open CORI.
(2) Nothing contained in
			 803 CMR
			 11.00 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 11.00 - Consumer Reporting Agency (CRA) › Section 11.02 - Definitions

Current through Register 1525, July 5, 2024
All definitions set forth in
				803 CMR
				2.00:
Criminal Offender Record Information
				(CORI)
, 5.00:
Criminal Offender Record Information (CORI) -
				Housing
, 7.00:
Criminal Justice Information System
				(CJIS),
8.00:
Obtaining Criminal Offender Record Information
				(CORI) for Research Purposes
, 9.00:
Victim Notification
				Registry (VNR)
and 10.00:
Gun Transaction Recording
are incorporated in
				803 CMR
				11.00 by reference. The following additional words and
				phrases as used in
				803 CMR
				11.00 shall have the following meanings:
Consumer Reporting Agency (CRA)
. Any
				person which, for monetary fees, dues, or on a cooperative, not-for-profit
				basis, regularly engages, in whole or in part, in the practice of assembling or
				evaluating consumer criminal history, credit information, or other information
				on consumers for the purpose of furnishing consumer reports to third parties,
				and which uses any means or facility of interstate commerce for the purpose of
				preparing or furnishing consumer reports.
Decision Maker
. An entity that
				requests, receives, or reviews CORI results and is authorized by its client to
				decide whether to hire or accept an individual based on the CORI received from
				DCJIS.
iCORI-registered Client
. An entity
				registered in the iCORI system to access CORI from DCJIS that delegates this
				responsibility to a CRA.
Person
. A natural person, corporation,
				association, partnership, or other legal entity.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 11.00 - Consumer Reporting Agency (CRA) › Section 11.03 - iCORI Registration

Current through Register 1525, July 5, 2024
(1) CRA access to
			 CORI must be accomplished through the iCORI system.
(2) To register for iCORI access, a CRA must
			 follow the procedures outlined in
			 803
			 CMR 2.04:
iCORI
			 Registration
.
(3) Each CRA
			 client shall also register for an iCORI account, as described in
			 803
			 CMR 2.22:
Use of a Consumer Reporting
			 Agency (CRA)
, before the CRA may access the iCORI system on behalf of
			 the client.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 11.00 - Consumer Reporting Agency (CRA) › Section 11.04 - Access to CORI by a CRA to Evaluate a Subject

Current through Register 1525, July 5, 2024
(1) A CRA
			 may receive the following levels of CORI access:
(a) Standard access for screening its current
			 employees and employment applicants;
(b) The same level of CORI access as is
			 provided to the iCORI registered client on whose behalf the CRA will be
			 performing CORI checks. Any CRA that requests CORI beyond the level of access
			 to which its iCORI registered client is entitled shall be in violation of
			 803 CMR
			 11.00; and
(c) Open Access to CORI for any lawful
			 purpose.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 11.00 - Consumer Reporting Agency (CRA) › Section 11.05 - Procedures for Requesting Criminal Offender Record Information (CORI)

Current through Register 1525, July 5, 2024
(1) For purposes of submitting a CORI request
			 to screen its own employees, a CRA shall be considered an employer as that term
			 is referenced in
			 803 CMR
			 2.00:
Criminal Offender Record Information
			 (CORI)
.
(2) Prior to
			 submitting a CORI request to screen its own current or prospective employees, a
			 CRA shall obtain a signed CORI Acknowledgement 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
.
(3) A CRA
			 shall not be required to obtain a separate CORI Acknowledgment Form provided,
			 however, that it has incorporated the Massachusetts CRA CORI Acknowledgement
			 language, published by DCJIS, on its existing form and the fields on the DCJIS
			 CORI Acknowledgment Form are included either on the CRA form or in the
			 subject's application.
(4) A CORI
			 Acknowledgement Form may be collected electronically in accordance with the
			 provisions of
			 803
			 CMR 2.12:
Electronic Submission of
			 CORI Acknowledgment Forms
.
(5) After a period of one year, a new CORI
			 Acknowledgement Form shall be obtained from the subject. Subsequent CORI
			 requests are subject to the procedures related to subsequent verification of
			 identity as set forth in
			 803
			 CMR 2.13:
Identity Verification
			 Exemption for Subsequent CORI Checks
.
(6) Nothing in
			 803 CMR
			 11.00 shall be construed to prohibit a CRA or an
			 iCORI-registered client from making an adverse licensing, employment, or
			 housing decision on the basis of a subject's refusal to consent to a lawful
			 request for CORI.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 11.00 - Consumer Reporting Agency (CRA) › Section 11.06 - Requesting CORI on Behalf of an iCORI-registered Client

Current through Register 1525, July 5, 2024
(1)
			 To obtain CORI on behalf of an iCORI-registered client, the client must have an
			 active and valid iCORI account number which the CRA shall provide at the time
			 of the CORI request. A CRA may request Open Access to CORI on behalf of
			 iCORI-registered clients that do not have valid iCORI accounts.
(2) Before a CRA may submit a CORI request on
			 behalf of an iCORI-registered client, the client must authorized the CRA
			 through the iCORI system to request CORI on its behalf. A CRA is prohibited
			 from submitting CORI requests on behalf of iCORI-registered clients that have
			 not authorized it to do so through iCORI. This includes, but is not limited to,
			 iCORI-registered clients that have chosen to rescind their CRA
			 designation.
(3) Before the CRA may
			 submit a CORI request on behalf of an iCORI-registered client, the client must
			 provide the CRA with the following:
(a) an
			 affirmation that the client notified the subject, in writing, of its intent to
			 obtain CORI through a CRA and received permission to do so from the
			 subject;
(b) an affirmation that
			 the client has a copy of the signed CRA CORI acknowledgment on file;
(c) an affirmation that the client is in
			 compliance with federal and state credit reporting statutes;
(d) an affirmation that the client will not
			 misuse any information in the CRA report in violation of federal or state equal
			 employment opportunity laws or regulations; and
(e) when a request is submitted for
			 employment purposes, a statement indicating whether the annual salary of the
			 position for which the subject is being screened is either above or below
			 $75,000.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 11.00 - Consumer Reporting Agency (CRA) › Section 11.07 - CORI Policy Requirement for Certain Requestors and the Need to Know Requirements

Current through Register 1525, July 5, 2024
(1) As provided in
			 803
			 CMR 2.18:
CORI Policy Requirement for
			 Certain Requestors and the Need to Know Requirements
, a CRA shall
			 maintain a CORI policy.
(2) A CRA
			 shall also maintain a need to know list for CORI authorized staff 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 11.00 - Consumer Reporting Agency (CRA) › Section 11.08 - Storage of CORI

Current through Register 1525, July 5, 2024
(1) A CRA shall not
			 electronically or physically store CORI results unless the CRA has been
			 authorized by its iCORI-registered client to act as the decision
			 maker.
(2) CRA decision makers and
			 iCORI-registered clients shall only store and retain hard copies and electronic
			 copies of CORI as provided in
			 803
			 CMR 2.12:
Storage and Retention of
			 CORI
.
(3) A CRA may
			 transmit CORI results to its iCORI registered client(s)
via
electronic means, provided any CORI data transmitted electronically shall been
			 encrypted.
(4) Each CRA who is
			 acting as an authorized decision maker may retain CORI for a period of not
			 longer than seven years from the date it was obtained.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 11.00 - Consumer Reporting Agency (CRA) › Section 11.09 - Destruction of CORI

Current through Register 1525, July 5, 2024
(1) 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 Acknowledgement Forms
.