SENATE DOCKET, NO. 2013        FILED ON: 1/16/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1595

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act enhancing the criminal offender register information system..

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 168 of Chapter 6 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following:- There shall be a criminal history systems board, hereinafter called the board, consisting of the following persons: the secretary of public safety and security, who shall serve as chairman, the secretary of labor and workforce development, the attorney general, the chairperson of the Massachusetts sentencing commission, the chief counsel for the committee for public counsel services, the chairman of the parole board, the commissioner of the department of correction, the commissioner of probation and commissioner of the department of youth services and the colonel of state police, or their designees, all of whom shall serve ex officio, and 10 persons to be appointed by the governor for a term of 3 years, 1 of whom shall represent the Massachusetts District Attorneys Association, 1 of whom shall represent the Massachusetts Sheriffs Association, and 1 of whom shall represent the Massachusetts Chiefs of Police Association, 1 of whom shall represent private users of criminal offender record information, 1 of whom shall be a victim of crime, 2 of whom shall be a provider of victim services, 2 of whom shall have experience in the areas of workforce development, ex-offender rehabilitation, or economic development, and 2 of whom shall be persons who have experience in issues relating to personal privacy. Upon the expiration of the term of any appointive member, his successor shall be appointed in a like manner for a term of 3 years.

SECTION 2. Said section 168 is further amended by striking out, in line 50, the word “hundred” and inserting in place thereof the following: - thousand.

SECTION 3. Said chapter 6 of the General Laws, as so appearing, is hereby amended by inserting after section 168 the following section:- Section 168½. There shall be within the executive office of public safety and security a criminal justice information services department, hereinafter called the department. The department shall provide for and exercise control over the installation, operation and maintenance of data processing and data communication systems, hereinafter called the criminal justice information system. Said system shall be designed to ensure the prompt collection, exchange, dissemination and distribution of such criminal offender record information as may be necessary for the efficient administration and operation of criminal justice agencies, and to connect such systems directly or indirectly with similar systems in this or other states and federal agencies including the Federal Bureau of Investigation (FBI) that utilize fingerprints or iris scanning and similar databases. The secretary of public safety and security shall appoint an executive director who shall be classified in accordance with Section 45 of Chapter 30 and the salary shall be determined in accordance with Section 46C of said Chapter 30.  Said director shall be responsible for all data processing, for the management of the automated criminal offender record information and teleprocessing system, for the supervision of all personnel associated with that system and for the appointment of all such personnel. The director may appoint such other employees, including experts and consultants, as he deems necessary to carry out the department’s responsibilities.

The department is authorized to enter into contracts and agreements with, and accept gifts, grants, contributions, and bequests of funds from, any department, agency, or subdivision of federal, state, county, or municipal government and any individual, foundation, corporation, association, or public authority for the purpose of providing or receiving services, facilities or staff assistance in connection with its work. Such funds shall be deposited with the state treasurer and may be expended by the department in accordance with the conditions of the gift, grant, contribution, or bequest, without specific appropriation.

SECTION 4. Section 172 of said chapter 6 is hereby amended by inserting after the word “privacy”, in line 14 and in line 40, the following:- “and the importance and value of successful reintegration of ex-offenders.”

SECTION 5: Said section 172 of said chapter 6 is hereby amended by inserting at the end thereof the following:- "No employer, agency, entity or person shall be held liable for negligent hiring, negligent supervision, negligent retention or any other claim based directly or indirectly upon the failure by that employer, agency, entity or person to request, obtain, or consider, from any source, information consisting of or relating to criminal offender record information, if such information would be restricted from receipt, disclosure or consideration pursuant to this section, G.L. c.151B(4)(9), or any other statute or regulation.”

SECTION 6.  Section 18 of  chapter 6A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking it in its entirety and inserting in place thereof the following section:- Section 18. The following state agencies are hereby declared to be within the executive office of public safety and security; the department of public safety; the department of fire services; the office of grants and research and the highway safety division; the municipal police training committee; the criminal justice information services department; the statewide emergency telecommunications board; the merit rating board; the department of state police; the office of the chief medical examiner; the Massachusetts emergency management agency; the military department; the department of correction, including the parole board; the sex offender registry board; and all other agencies and boards within said departments, committees and boards.

SECTION 7. Section 100A of chapter 276 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting, after line 40, the following:- “Sex offenses, as defined in Section 172C of Chapter 6, shall not be eligible for sealing.”

SECTION 8. Said chapter 276 of the General Laws, is hereby amended by inserting after Section 100C the following section:- Section 100D. Notwithstanding any provision of Section 100A, 100B, or 100C of this Chapter, criminal justice agencies as defined in Section 167 of Chapter 6 shall have immediate access to, and be permitted to use as necessary for the performance of their criminal justice duties, any sealed criminal offender record information as defined in Section 167 of Chapter 6 and any sealed information concerning criminal offenses or acts of delinquency committed by any person before he attained the age of 17.