Code of Massachusetts Regulations › 119 CMR - SOLDIERS' HOME IN HOLYOKE › Title 119 CMR 1.00 - Criminal Offender Record Checks › Section 1.04 - Definitions

Current through Register 1525, July 5, 2024
Applican
t: Any person seeking employment or a position as a regular volunteer or trainee to provide services for or on behalf of the SHH or its vendor agency programs, where such employment or position involves potential unsupervised contact with program clients. Employment includes but is not limited to placement in: state positions; federal positions; positions funded by grants, bonds or other capital outlay; and, vendor agency positions.
Candidate
: Any person receiving a conditional offer for employment or a position as a regular volunteer or trainee, subject to consideration of any criminal record, to provide services for or on behalf of the SHH or its vendor agency programs, where such employment or position involves potential unsupervised contact with program clients. Employment includes but is not limited to placement in: state positions; federal positions; positions funded by grants, bonds or other capital outlay; and, vendor agency positions.
Community Service Worker
: Any individual who, as a condition of probation, is applying for a position.
CORI Cleared Employee
: Any candidate hired as an employee after successfully satisfying the requirements of 119 CMR 1.00.
CORI Coordinator
: The person designated by the hiring authority to send requests and receive responses from the CHSB SHH CORI Unit.
CORI Investigation
: The process of requesting and receiving CORI related to candidates for positions in EOHHS Funded or Operated Programs.
Criminal History Systems Board (CHSB) SHH CORI Unit
: The SHH sponsored unit within the Criminal History Systems Board, which processes requests for CORI information and offers technical assistance with any question arising from the results of a search.
Criminal Justice Official
: Either the candidate's probation officer, parole officer or correctional facility superintendent (or designee), depending upon whoever had the most recent responsibility for supervision of the candidate. In cases where the candidate was last supervised in a correctional facility, the candidate may advise the hiring authority of any employee of the correctional facility who may have specific information about the candidate that would assist the superintendent in his/her assessment process.
Criminal Offender Record Information (CORI)
: Information regulated by the Criminal History Systems Board and maintained by the Board of Probation regarding criminal information of persons within the Massachusetts Court system.
Discretionary Disqualification
: A candidate shall be ineligible for a position that entails potential unsupervised contact with persons receiving services at an SHH funded or operated programme if he or she has been convicted of or has pending any charge for any crime in 119 CMR 1.16:
Table B
or
Table C
, unless the hiring authority has complied with the provisions of 119 CMR 1.11.
Hiring Authority
: The person legally authorized or designated to make hiring decisions within the affected agency, department, office, program, or facility.
Lifetime Presumptive Disqualification
: A category of offenses, compiled as 119 CMR 1.16:
Table A
, for which conviction of any such offense results in a presumption of a lifetime disqualification for employment or other service which entails potential unsupervised contact with persons receiving services in any SHH funded or operated program, due to the presumed unacceptable risk posed by the nature of the crime to persons receiving services. A lifetime presumptive disqualification shall become a discretionary disqualification if:
(a) the candidate's criminal justice official concludes in writing that the candidate, within the position sought, does not pose an unacceptable risk of harm to the persons served by the program; or
(b) if the criminal justice official has been determined by the hiring authority to be unavailable or has indicated to the hiring authority that she has insufficient information to render an assessment, then the hiring authority shall , at the candidate's request, seek an assessment of the candidate's risk of harm from a qualified mental health professional and the qualified mental health professional concludes in writing that the candidate, within the position sought, does not pose an unacceptable risk of harm to the persons served by the program.
No Record
: The conclusion from a CORI search that convictions or pending charges relating to the candidate have not been found. A finding of "no record" does not necessarily mean, however, that criminal information is not present in the CORI database.
Pending
: A criminal offense shall be considered pending if the CORI report indicates that the offense remains open and without final resolution, including that the case has been continued without a finding.
Position
: Employment, service by a regular volunteer or trainee.
Potential Unsupervised Contact
: Potential for contact with a person who is receiving or applying for EOHHS services when no other CORI cleared employee is present. A person having only the potential for incidental unsupervised contact with clients income only used areas such as elevators, hallways and waiting rooms, shall not be considered to have the potential for unsupervised contact for purposes of 119 CMR 1.00. These excluded areas do not include bathrooms and other isolated areas (not commonly utilized or separated by sight and sound from other staff).
Qualified Mental Health Professiona
l: A psychiatrist, licensed to practice medicine under M.G.L. c. 112, § 2, a psychologist, licensed under M.G.L. c. 112, § 118 through 121, or a licensed independent clinical social worker licensed under M.G.L. c. 112, § 130 through 132; provided that the psychiatrist, psychologist, or licensed independent clinical social worker (LICSW) has at least 1,000 hours of experience over a minimum of two years involving assessment, treatment, and consultation concerning individuals with behavior that presents a risk of harm to others in the community, in the workplace, in treatment settings, or in correctional facilities; provided further that the psychiatrist, psychologist, or licensed independent clinical social worker has not provided treatment to the candidate.
SHH Funded or Operated Program
: Any program operated by SHH or contracted and funded by SHH with a vendor agency that provides services for or on behalf of SHH clients.
Trainee
: Any person enrolled in an academic program or participating in a pre or post-doctoral training program that is affiliated with an accredited educational institution or hospital, who receives a placement within SHH or a vendor agency program.
Vendor Agency Program
: The provision of client services by any individual, corporation, partnership, organization, trust, association or other entity through funding by or contract with SHH.
Volunteer
: Any person who works in an unpaid capacity for SHH or a vendor agency program. For the purposes of 119 CMR 1.04:
Volunteer
, a current client of a facility or program who provides unpaid services at that facility or program shall not be considered a volunteer at that facility or program.
Work Release Program
: A program of unpaid work performed by any individual who is under the custody of the state or county correctional system.