Code of Massachusetts Regulations 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES
Here’s an overview of 119 CMR – Soldiers’ Home in Holyoke, particularly Title 119 CMR 1.00 (Criminal Offender Record Checks):
📘 Purpose & Scope
Section 1.01 – Purpose: Establishes standardized policies and procedures for conducting criminal record checks (CORI) on candidates for employment, volunteers, and trainees at Soldiers’ Home in Holyoke and its state‑funded programs (law.cornell.edu).
Regulatory Authority: Enacted under Massachusetts General Laws c. 6, §§ 70–71, and current as of Register 1543 (March 14, 2025) (regulations.justia.com).
📋 Definitions & Policy
Section 1.02–1.04: Include policy statements, assurances of confidentiality, scope of individuals subject to CORI, and detailed definitions of key terms.
Applicants must disclose their criminal history (Section 1.05), and there are protocols for those on community service or work release (Section 1.06) .
⚙️ Operational Responsibilities
Hiring Authority Duties: Section 1.07 outlines responsibilities of hiring authorities.
CORI Investigations & Findings: Sections 1.08–1.09 detail how background checks are processed and interpreted.
Disqualifications: Section 1.10 lists offenses that may disqualify a candidate; Section 1.16 provides detailed tables of offenses (regulations.justia.com).
🔍 Review & Exemptions
Section 1.11: Procedures for candidates falling into disqualification categories, including appeals and reviews.
Section 1.12: Grants the Secretary authority to exempt programs from certain requirements, with strict documentation and recourse; no exemptions permitted for those serving minors (< 16) or primarily seniors (≥ 65) (casetext.com).
🔄 Additional Provisions
Sections 1.13–1.15: Governance of information dissemination, reporting of incidents, and legal enforceability.
Section 1.16: As noted, provides tables of disqualifying offenses .
✅ Summary
In essence, 119 CMR 1.00 creates a formal framework for:
Conducting criminal record checks on potential staff, volunteers, and trainees;
Defining disqualifying criminal history and allowing limited review for exceptions;
Empowering hiring authorities with duties to evaluate and interpret CORI findings;
Ensuring programs can seek documented exemptions (with caveats);
Maintaining confidentiality, transparency, and accountability throughout.
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