Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 18.00 - Data Collection and Reporting Standards for Criminal Justice Agencies › Section 18.03 - Definitions

Current through Register 1525, July 5, 2024
Actual Release from Sentence Date
. The
			date on which an Offender is released from the custody of the Department of
			Correction or House of Correction,
(a) having completed the Offender's entire sentence, including
			any parole supervision, based upon an initial calculation of the Offender's
			Release Date minus any sentence deductions such as Earned Time; or
(b) having been released from the Offender's sentence by
			post-sentencing action of a court (e.g., revise and revoke, sentence or
			conviction vacated, conviction overturned by appellate court with no retrial,
			reduction in sentence terms by Appellate Division or new trial).
Actual Release from Sentence Date
shall not apply to pre-trial detainees.
Age of Offender at Time of Offense
.
			Determined by the difference between the date of the offense and the Offender's
			date of birth.
Age of Offender Entering Custody
.
			Computed at the Date Entering Custody of the Department of Correction or House
			of Correction, as defined in
Date Entering Custody
; it
			is determined by the difference between that date and the Offender's date of
			birth.
Age of Offender Exiting Custody
.
			Computed at the Date Exiting Custody of the Department of Correction or House
			of Correction, as defined in
Date Exiting Custody
; it
			is determined by the difference between that date and the Offender's date of
			birth.
Assigned Sex
. The biological sex that
			was assigned to a person at the time of the Offender's birth.
Bail Amount or Reason if No Bail Set
.
			An order to release an accused person from custody after payment of a set
			monetary amount or receipt of adequate surety to ensure that person's
			appearance at trial pursuant to M.G.L. c. 276, §§ 57 and 58. An
			accused person may be held without bail following a hearing as outlined in
			M.G.L. c. 276, § 58A. An Offender released from custody having given
			personal recognizance to appear before court is not considered released on
			bail.
Case
. A charge or series of criminal
			charges that are arraigned under a single docket number.
Case Disposition
. Refers to the end
			result of a criminal case through a conviction, acquittal, plea or admission,
			dismissal, nolle prosequi or other final resolution as entered by the Trial
			Court.
Criminal Justice Agency
. Consistent
			with the definition in M.G.L. c. 6, § 167, "those agencies at all level of
			government which perform as their principal function, activities relating
			to:
(a) crime prevention, including research or the sponsorship of
			research;
(b) the apprehension, prosecution, adjudication, incarceration,
			or rehabilitation of criminal Offenders; or
(c) the collection, storage, dissemination or usage of criminal
			Offender record information".
Custody
. When an Offender is formally
			under the physical control of the Department of Correction or House of
			Correction.
Custody
specifically excludes voluntary or
			involuntary commitments for substance abuse or mental health evaluation or
			treatment.
Data Warehouse
. A data management
			system managed and maintained by EOPSS, or agent thereof, in consultation with
			EOTSS, where data collected from Criminal Justice Agencies and the Trial Court
			is stored, integrated, and processed for internal and public reporting.
Date Entering Custody
. The date an
			Offender is admitted to the custody of the Department of Correction or House of
			Correction. An Offender may be admitted to custody pursuant to a court order,
			as a transfer from another facility, pursuant to the execution of a parole
			violation warrant, or pursuant to the execution of an escape warrant, or other
			means.
Date Exiting Custody
. The date an
			Offender is released from the custody of the Department of Correction or House
			of Correction whether by expiration of sentence, parole, release to another
			jurisdiction, court release, or other legal release from the custody of such a
			facility.
Date of Arrest
. The date the Offender
			is arrested for the offenses for which the Offender is charged.
Date of Offense
. The date that the
			offense was committed or, for serial offenses, the first date of the date range
			within which the serial offenses occurred.
Earned Time
. In accordance with M.G.L.
			c. 127, § 129D, the time earned by Offenders to shorten their time in
			custody by earning deductions in time for good conduct or earn credits toward
			the completion of their custodial sentence through programing.
Ethnicity of Offender
. Determined with
			reference to the ethnicity categories used by Federal Bureau of Investigation's
			Criminal Justice Information Services, Division Uniform Crime Reporting
			Program, National Incident - Based Reporting System User Manual which are
			currently as follows:
(a) H - Hispanic or Latino;
(b) N - Non-Hispanic or Not Latino.
Gender Identity
. A person's
			gender-related identity, appearance or behavior, whether or not that
			gender-related identity, appearance or behavior is different from that
			traditionally associated with the person's physiology or assigned sex at birth.
			Gender identity refers to a person's internal sense of their own gender and
			shall be self-reported by each individual.
Governing Offense
. As determined by
			the Department of Correction or House of Correction, is the offense for which
			an Offender is committed to the Department of Correction or a House of
			Correction and which controls the overall sentence structure.
Jail Credit from Pretrial
			Incarceration
. Pursuant to M.G.L. c. 279, § 33A, a Jail
			Credit from Pretrial Incarceration shall be equal to the number of days spent
			by the Offender in custody prior to being sentenced awaiting and during trial.
			Jail credits are applied to an Offender's court imposed sentence and the
			Offender is are deemed to have served the portion of the sentence equal to the
			jail credits.
Location(s) of Offense
. The
			municipality, state, and zip code where the offense or offenses
			occurred.
Massachusetts State Police State Identification
			Section (SIS)
. The SIS is a unit within the Department of State
			Police responsible for managing and maintaining fingerprint records within the
			Commonwealth. The Department of State Police establishes the policies and
			procedures for properly collecting fingerprint records. Pursuant to the
			provisions of M.G.L. c. 6A, § 18¾, c. 94C, § 45, c. 119,
			§ 54, c. 126, § 40, c. 127, § 23, c. 211B, § 22, c. 212,
			§ 7, and c. 263, § 1A, Criminal Justice Agencies are required to
			collect and submit fingerprints to the SIS for felony criminal offenses, and
			may also submit fingerprints for misdemeanor arrests.
Offender
. Any person charged with a
			criminal offense.
Offender's Address
. The municipality,
			state, and zip code where the offender resides.
Offender Status
. The status of the
			Offender within the Criminal Justice Agency with regard to the offense.
			Offender statuses include, but are not limited to, the following: held pending
			arraignment-bail, held pre-trial, released on bail, committed, released to
			probation supervision, released from custody, released to parole supervision,
			released on personal recognizance, and violation found and returned to custody.
			Offenders found to have violated the terms of their sentence by committing a
			new criminal offense and returned to custody have undergone rearraignment, as
			defined in
Rearraignment
. Offenders convicted of a new
			offense while serving either a commitment or term of probation or parole on the
			Governing Offense have undergone reconviction, as defined in
Reconviction
.
Offense
. A crime or crimes for which a
			person is charged.
Offense Based Tracking Number (OBTN)
.
			A unique identifier for a specific fingerprint/arrest/custody event, and links
			the Individual to the fingerprints taken. This 13 character alphanumeric
			identifier is unique to the fingerprint/arrest/custody event. The first
			character is predetermined by the SIS, followed by the three character CJIS
			Agency code. The remaining nine character suffix is designated by the agency.
			Prefix assignments: T (denotes arrest), J (denotes county jail booking), H
			(denotes house of correction booking), D (denotes state department of
			correction). An Offender will have multiple OBTNs on file when they have
			multiple events.
Pronouns
. The set of pronouns that a
			person uses in order to reflect that person's gender identity.
Pre-trial Detainees
. Offenders who are
			held in custody in a jail, house of correction, or prison prior to
			trial.
Primary Caretaker of a Child
. A parent
			or legal guardian with whom a child has a primary residence.
Probation Central File Number (PCF
			Number)
. A number assigned for identification purposes to an
			individual by the Massachusetts Probation Service. The PCF Number is not
			supported by fingerprint-based identification.
Race of Offender
. Determined with
			reference to the race categories used by the Federal Bureau of Investigation's
			Criminal Justice Information Services Division, Uniform Crime Reporting
			Program, National Incident - Based Reporting System User Manual, which are
			currently as follows:
(a) A - Asian or Pacific Islander;
(b) B - Black or African-American;
(c) I - American Indian or Alaska Native;
(d) W - White;
(e) U - Unknown.
Rearraignment
. Occurs on date when an
			Offender is arraigned for an offense within one, two or three years of their
			Release Date.
Recidivism
. Occurs on date when an
			Offender is rearraigned, reconvicted or reincarcerated within one, two or three
			years of their Release Date.
Reconviction
. Occurs on date when an
			Offender is convicted of an offense within one, two or three years of their
			Release Date.
Reincarceration
. Occurs on date when
			an Offender is recommitted to custody within one, two or three years of their
			Release Date.
Release Date
. The calculated date on
			which an Offender will be released from the Offender's sentence, based on
			calculations of a sentence's terms without accounting for sentence deductions
			that an Offender may earn while serving the Offender's sentence. This date
			forms the basis for calculating the Offender's "Actual Release Date".
Risk and Needs Assessment Outcome
. The
			score an Offender receives on any risk and needs assessment conducted by a
			Criminal Justice Agency. Each Criminal Justice Agency will submit its scores
			consistent with the tool and the cross-tracking system will assign a
			designation for the purpose of meeting the reporting requirements of state
			law.
State Identification Number (SID)
. A
			unique ten-character alphanumerical identifier supported by fingerprint
			identification assigned to an individual by the Department of State Police
			through the Automated Fingerprint Identification System (AFIS). The SID is
			created upon the fingerprinting of a person by a Criminal Justice Agency
			pursuant to M.G.L. c. 6A, § 18¾, c. 94C, § 45, c. 119, §
			54, c. 126, § 40, c. 127, § 23, c. 211B. § 22, c. 212, § 7,
			and c. 263, § 1A.
Status of Offender's Reproductive Health
			Needs
. Whether the Offender has requested enhanced medical care
			for reproductive health needs for pre-natal and/or post-natal care.
Time of Offense
. The time that the
			offense occurred.
Type of Admission
. The reason an
			Offender is admitted into custody. Type of admission includes, but is not
			limited to, the following: arrest, summons arraignment, commitment, held for
			another department, probation violation, parole violation, held pending
			arraignment-bail, held pre-trial.
Type of Release
. The reason an
			Offender is released from custody. Type of release includes, but is not limited
			to, the following: released without supervision, released on bail, released on
			personal recognizance, released to parole supervision, released to probation
			with or without supervision, released to home confinement, or released to
			another Criminal Justice Agency.
Whether the Offender Has Participated in and
			Completed Evidence-based Programs
. Whether or not the Offender
			has:
(a) participated in; and
(b) completed any educational or rehabilitative programs while
			in the custody of a Criminal Justice Agency.
Criminal Justice Agencies shall indicate the name, type, and
			the outcome of participation in the program.