HOUSE DOCKET, NO. 952        FILED ON: 1/18/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 757

The Commonwealth of Massachusetts

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PRESENTED BY:

Daniel Cullinane

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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 for the distribution of information on personal rights and resources be provided to those in the Criminal Offender Record Information (CORI) system.

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PETITION OF:

HOUSE DOCKET, NO. 952        FILED ON: 1/18/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 757

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1249 OF 2015-2016.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act providing for the distribution of information on personal rights and resources be provided to those in the Criminal Offender Record Information (CORI) 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 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 the first of January of the year following enactment.

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 the end of December of the year in which this legislation is enacted.

SECTION 5. Sections 1 and 2 shall take effect on the first of January of the year following enactment.