HOUSE DOCKET, NO. 806 FILED ON: 1/13/2009
HOUSE . . . . . . . . . . . . . . . No. 1434
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The Commonwealth of Massachusetts
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In the Year Two Thousand Nine
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An Act enhancing public safety by establishing a criminal offender database..
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 167 of chapter 6 of the General Laws, as appearing in the 2004 Official Edition, is amended by adding the following text after the word “incarceration” in line 28: ( Notwithstanding the foregoing provisions, conviction information as well as custody status records, including information as to placement within the correctional system, shall be a public record available to the public for any purpose, to be accessible on the Internet in accordance with section 182 of this chapter, provided the following: (a) that conviction information shall also be available by writing to the board; (b) that no information shall be disclosed that identifies families members, friends, medical or psychological history, or any other personal information unless such information is directly relevant to such release or custody placement decision; and (c) that no information shall be provided if its release would violate any other state or federal law.
SECTION 2. Said section 167 of said chapter 6 of the General Laws, as so appearing, is hereby further amended by adding the following new definition: ( “Conviction information” shall mean criminal offender record information, which has not been sealed or purged, and which discloses that a person has pleaded guilty or nolo contendere to, or was convicted of any criminal offense, and the information as to the individual’s current status within the criminal justice system, including, but not limited to, information as to whether the individual has been released from custody due to service of sentence, parole or probation, or if incarcerated, the individual’s placement within the correctional system. Cases ending in the disposition of continued without a finding shall not be considered a conviction.
SECTION 3.Section 168 of said chapter 6 of the General Laws, as so appearing, is hereby amended by adding the following paragraph after the fourth paragraph: ( The board shall establish and maintain a criminal offender database, so-called, that shall be accessible to the public on the internet. Said database shall consist of conviction information, and be searchable, at a minimum, by name, town and offense. The database shall also consist of information as to whether the offender is currently released from custody, on parole or probation, or if the offender is incarcerated, his or her placement within the correctional system.
SECTION 4.Section 168A of said chapter 6 of the General Laws, as so appearing, is hereby amended by striking out the second paragraph in its entirety.
SECTION 5.Section 172 of said chapter 6 of the General Laws, as so appearing, is hereby amended by adding the following words after the word “information” in line 3: ( with the exception of conviction information, which shall be a public record,
SECTION 6.Said section 172 of said chapter 6 of the General Laws, as so appearing, is hereby further amended by adding the following words after the word “information” in line 57: ( with the exception of conviction information, which shall be a public record,
SECTION 7.Said section 172 of said chapter 6 of the General Laws, as so appearing, is hereby further amended by striking out the seventh paragraph, contained in lines 97 through 112, in its entirety, and inserting in place thereof the following paragraphs: (
Notwithstanding the foregoing provisions, conviction information shall be public record to be accessible to the general public on the internet, in accordance with section 168 of this chapter provided the following: (a) that conviction information shall also be available by writing to the board; (b) that no information shall be disclosed that identifies families members, friends, medical or psychological history, or any other personal information unless such information is directly relevant to such release or custody placement decision; and (c) that no information shall be provided if its release would violate any other state or federal law.
The parole board, except as required by section 130 of chapter 127, the department of correction, a county correctional authority, or probation department with the approval of a justice to the appropriate division of the trial court, may, in its discretion, make available a summary, which may include references to evaluative information, concerning a decision to release an individual on a permanent or temporary basis, to deny such release, or to change his custody status.
SECTION 8.Section 173 of said chapter 6 of the General Laws, as so appearing, is hereby amended by adding the following words after the word “information” in line 2: ( with the exception of conviction information, which shall be a public record,
SECTION 9.Said section 173 of said chapter 6 of the General Laws, as so appearing, is hereby further amended by striking out the words “shall require preservation of the anonymity of the individuals to whom such information relates” in lines 3 and 4.
SECTION 10. Said section 173 of said chapter 6 of the General Laws, as so appearing, is hereby further amended by adding the following words after the word “information” in line 12: ( with the exception of conviction information, which shall be a public record.