DeLeo, House pass CORI reform legislation

BOSTON - Speaker Robert DeLeo joined his colleagues in the state House of Representatives Wednesday evening in passing legislation reforming the Criminal Offender Record Information (CORI) system by a 138-17 vote, thereby reducing the time period in which records can be accessed to 10 years for felony convictions and five years for misdemeanors.

“This bill promises to be smart on crime by reducing recidivism and broadening the horizon for those struggling to progress beyond their past,” DeLeo, D-Winthrop, said Wednesday, according to a press release from his State House office. “By providing new opportunities to those who have paid their debt to society, this bill will help many find opportunities to positively contribute to our society.”

The House approved changes only after tacking on a batch of leadership amendments with no public explanation. The session featured no back-and-forth discussion, only a lengthy explanation of the bill from Judiciary Committee co-chair Eugene O’Flaherty, D-Chelsea. House leaders had already stripped out mandatory minimum sentencing language sought by Gov. Deval Patrick.

“This legislation opens new doors for those who have served their punishment while keeping public safety in mind,” O’Flaherty said.

Six Democrats voted against the bill including Reps. Theodore Speliotis and Joyce Spiliotis, both of whom represent portions of Peabody. Republicans were also divided, with House Minority Leader Bradley Jones, who represents three precincts in Lynnfield, voting in favor. He was joined by three GOP colleagues while the rest of the caucus voted against the bill.  Current law allows CORI reports to be sealed after 15 years for felony convictions and after 10 years for misdemeanors. The bill allows law enforcement agencies access to CORI records, including information that is sealed.

Under this legislation, those convicted of murder would not be eligible to have their records sealed.

Unlike the CORI reform legislation that passed the State Senate this session, the House bill dictates that sex offenses are never eligible to be sealed. The bill also does not include language from the Senate CORI reform bill that would qualify drug offenders for parole after serving two-thirds of a mandatory minimum sentence.

The bill does makes it a crime to knowingly disseminate, falsify or request a CORI when unauthorized to do so with an exception for law enforcement officers who seek criminal offender record information in the performance of their official duties.

The legislation creates the Department of Criminal Justice Information Services to replace the Criminal History Systems Board which currently controls access to CORI. Transferring control to the Department of Criminal Justice Information Services will expand access to CORI for employers while increasing the accuracy of CORI reports.

The Department will be required to maintain CORI in an electronic database, accessible on the Internet and configured to allow for the exchange of CORI with other states and federal agencies. The database will specifically list which agencies, departments, commissions, individuals and members of the public can access CORI and the reasoning for their access.

After the vote, activists gathered outside the chamber cheered, but some employer groups have criticized incarnations of the bill as burdensome and said it could lead to legal liability for employers who unknowingly hire ex-convicts.

(State House News Service material was used in this report.)