HOUSE DOCKET, NO. 2401        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1249

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Daniel Cullinane

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act providing further information on criminal offender records.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Daniel Cullinane

12th Suffolk

1/15/2015

Kay Khan

11th Middlesex

9/16/2019

Michael O. Moore

Second Worcester

9/16/2019

David M. Rogers

24th Middlesex

9/16/2019

Mary S. Keefe

15th Worcester

9/16/2019

Ruth B. Balser

12th Middlesex

9/16/2019

Jason M. Lewis

Fifth Middlesex

9/16/2019

William N. Brownsberger

Second Suffolk and Middlesex

9/16/2019

Chris Walsh

6th Middlesex

9/16/2019

Michael J. Barrett

Third Middlesex

9/16/2019

Denise Provost

27th Middlesex

9/16/2019

Barbara A. L'Italien

Second Essex and Middlesex

9/16/2019

Linda Dorcena Forry

First Suffolk

9/16/2019

Paul R. Heroux

2nd Bristol

9/16/2019

Leah Cole

12th Essex

9/16/2019

Tom Sannicandro

7th Middlesex

9/16/2019

Patricia D. Jehlen

Second Middlesex

9/16/2019

Byron Rushing

9th Suffolk

9/16/2019

Jay D. Livingstone

8th Suffolk

9/16/2019

Benjamin Swan

11th Hampden

9/16/2019

Leonard Mirra

2nd Essex

9/16/2019


HOUSE DOCKET, NO. 2401        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1249

By Mr. Cullinane of Boston, a petition (accompanied by bill, House, No. 1249) of Daniel Cullinane and others relative to criminal offender record information.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act providing further information on criminal offender records.

 

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 1 of chapter 124 of the General Laws is hereby amended by adding the following subsection:-

(v) maintain a packet of informational materials, which shall be provided to persons committed to the custody of the department prior to their release from a correctional facility.  Such informational materials shall contain, at a minimum: (i) a summary of how and by whom the committed person’s criminal offender record information may be accessed and distributed pursuant to sections 167 to 178B, inclusive, of chapter 6; (ii) an explanation of the process for filing a complaint with the department of criminal justice information services regarding the content of, dissemination of, or access to criminal offender record information; (iii) an explanation of the right to have certain records sealed pursuant to section 100A of chapter 276 and a step by step explanation of the process for sealing such records; (iv) an explanation of the duration of criminal offender record information; (v) contact information for relevant employees and offices of the department; (vi) a list of websites with important background on, and explanations of, criminal offender record information; and (vi) a list of answers to frequently asked questions about criminal offender record information.

SECTION 2. Chapter 276 of the General Laws is hereby amended by inserting after section 100D the following section:-

Section 100E.  The commissioner of probation shall maintain a packet of informational materials, which every probation officer shall provide to each probationer immediately upon a probationer’s assignment to the probation officer’s care.  Such informational materials shall contain, at a minimum: (i) a summary of how and by whom the probationer’s criminal offender record information may be accessed and distributed pursuant to sections 167 to 178B, inclusive, of chapter 6; (ii) an explanation of the process for filing a complaint with the department of criminal justice information services regarding the content of, dissemination of, or access to criminal offender record information; (iii) an explanation of the right to have certain records sealed pursuant to section 100A and a step by step explanation of the process for sealing such records; (iv) an explanation of the duration of criminal offender record information; (v) contact information for relevant employees and offices of the office of probation; (vi) a list of websites with important background on, and explanations of, criminal offender record information; and (vi) a list of answers to frequently asked questions about criminal offender record information; provided, however, that a probation officer shall not be required to provide such informational materials to probations who have received the same such materials from the department of corrections within the past year. SECTION 3. The department of correction shall, in coordination with the department of criminal justice information services and the office of probation, develop the informational materials required by sections 1 and 2 on or before January 1, 2016.

SECTION 4. The department of correction shall, in coordination with the department of criminal justice information services and the office of probation, provide the informational materials required by sections 1 and 2 to those persons who were previously in the custody of the department of correction but were released from such custody prior to the effective date of said sections 1 and 2, by mailing the informational materials to the person’s last known mailing address. Such mailings shall be completed on or before December 31, 2016.

SECTION 5. Sections 1 and 2 shall take effect on January 1, 2016.