Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.02 - Definitions

Current through Register 1525, July 5, 2024
All definitions set forth in 803 CMR 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)
, 10.00:
Gun Transaction Recording
, and 11.00:
Consumer Reporting Agency (CRA)
are incorporated in 803 CMR 2.02 by reference. The following additional words and phrases as used in 803 CMR 2.00 shall have the following meanings:
Adjudicated as an Adult
. For purposes of CORI dissemination under 803 CMR 2.00, an offense is adjudicated as adult if the subject has been adjudicated as an adult in superior court or adjudicated as an adult after transfer of a case from a juvenile session to another trial court department.
Apostille
. A form of authentication applied by the Secretary of the Commonwealth to documents for use in countries that participate in the Hague Convention of 1961.
Consumer Reporting Agency (CRA)
. Any person or entity 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 criminal history, credit, 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.
Criminal History Information
. As used in 803 CMR 2.00, criminal history information is any Massachusetts information identifying an individual in connection with any alleged criminal offense, regardless of whether that information is public or non-public and regardless of whether it is obtained from DCJIS or any other source. For example, an entry in a Massachusetts police department's daily log is publicly available, but it is nevertheless criminal history information for purposes of 803 CMR 2.00 if it identifies an individual in connection with any alleged criminal offense.
Criminal Justice Agency (CJA)
. An agency in Massachusetts at any level of government which performs as its principal function activities relating to:
(a) crime prevention, including research or the sponsorship of research;
(b) the apprehension, prosecution, adjudication, incarceration, or rehabilitation of juvenile or criminal offenders; and/or
(c) the collection, storage, dissemination, or usage of juvenile or criminal offender record information.
Criminal Offender Record Information (CORI)
. Is defined in 803 CMR 2.03.
Criminal Record Review Board (CRRB)
. A statutorily-created board within DCJIS that reviews complaints and investigates allegations of violations of the laws and regulations governing CORI.
Department of Criminal Justice Information Services (DCJIS)
. The Commonwealth agency statutorily designated:
(a) to provide for, manage, and exercise control over the installation, operation, and maintenance of a public safety information system and network including, but not limited to, a criminal justice information system;
(b) to ensure the prompt collection, exchange, dissemination, and distribution of such public safety information as may be necessary for the efficient administration and operation of criminal justice agencies;
(c) to connect such systems directly or indirectly with similar systems in this or other states;
(d) to manage data processing to support data collection, information sharing, and interoperability for the Commonwealth's criminal justice agencies;
(e) to oversee the authorized provision of CORI to criminal justice agencies and other individuals or entities authorized by law to receive it;
(f) to supervise all personnel associated with the public safety information system;
(g) to provide support to the Criminal Record Review Board (CRRB);
(h) to operate the Firearms Records Bureau (FRB); and
(i) to operate and support the Victim Notification Registry (VNR).
Disabled Person
. As defined in M.G.L. c. 6, § 172C, a disabled person is an individual with an intellectual or developmental disability, as defined by M.G.L. c. 123B, § 1, or who is otherwise mentally or physically disabled and, as a result of such mental or physical disability, is wholly or partially dependent on others to meet daily living needs.
Elderly Person
. As defined in M.G.L. c. 6, § 172C, an elderly person is an individual who is 60 years of age or older.
Employment Applicant
. An individual who has applied for a job or position and who otherwise meets the requirements for the job or position for which he or she is being screened for criminal history by an employer or volunteer organization. An employment applicant, as referenced in 803 CMR 2.02, shall also include applicants for positions as volunteers, subcontractors, contractors, or vendors, as well as individuals applying for a special state, municipal, or county employee position as those terms are defined in M.G.L. c. 268A, § 1.
Employee
. Individuals currently employed by the requestor. As referenced in 803 CMR 2.02, employee also includes volunteers, subcontractors, contractors, vendors, and special state, municipal, or county employees as those terms are defined in M.G.L. c. 268A, § 1.
Evaluative Information
. Records, data, or reports regarding individuals charged with a crime and compiled by criminal justice agencies which appraise mental condition, physical condition, extent of social adjustment, rehabilitative progress, and the like, and which are primarily used in connection with bail, pre-trial or post-trial release proceedings, sentencing, correctional and rehabilitative planning, probation, or parole.
Housing Applicant
. An individual who applies to rent or lease housing for a period of 30 days or longer, including market rate and subsidized housing. Housing applicant shall not include individuals seeking admission to any type of program, and further, the term specifically excludes applicants to: substance abuse programs; shelters; nursing homes; or assisted living facilities.
iCORI
. The internet-based system used in the Commonwealth to access CORI and to obtain self-audits.
iCORI Agency Agreement
. An agreement signed by an individual with signatory authority for an iCORI requestor whereby the requestor agrees to comply with the CORI laws, regulations, policies, and procedures associated with CORI access and dissemination.
Individual.
A natural person.
Intelligence Information
. Records and data compiled by a criminal justice agency for the purpose of criminal investigation, including reports of informants, investigators, or other persons, and information obtained from any type of surveillance associated with an identifiable individual. Intelligence information shall also include records and data compiled by a criminal justice agency for the purpose of investigating a substantial threat of harm to an individual, or to the order or security of a correctional facility.
Legally Designated Representative
. Any person authorized to submit and receive CORI on behalf of a requestor.
Legally Designated Representative
shall be synonymous with legally authorized designee.
Licensing Applicant
. An otherwise qualified individual who has applied for a license and is being screened for criminal history by a governmental licensing agency. License and licensing, as used in 803 CMR 2.00, refer to licenses, permits, certificates, or authorizations issued by government agencies. Licensing applicant, as used in 803 CMR 2.00, includes initial and renewal applicants, as well as current license holders.
Open Access to CORI
. The level of CORI access available to any member of the general public upon production of a subject's correct name and date of birth.
Person
. A natural person, corporation, association, partnership, or other legal entity.
Requestor
. A person submitting a request for CORI or criminal history information. As used in 803 CMR 2.00, requestor excludes a person making such requests through a law enforcement or criminal justice agency.
Required Access to CORI
. The level of CORI access available to requestors who are authorized or required by statute, regulation, or accreditation requirement to obtain CORI.
Self-audit
. 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 only be requested by the subject individual or the subject individual's legally designated representative or attorney on his or her behalf.
Standard Access to CORI
. The level of CORI access available to any requestor, or any requestor's legally designated representative, to evaluate: current and prospective employees, including full-time, part-time, contract, or internship employees or volunteers; applicants for rental or lease of housing; volunteers for services; and licensing applicants for a professional or occupational license issued by a state or municipal entity.
Subject
. An individual for whom a request for CORI is submitted to DCJIS.