112 CMR 6.00 — Criminal offender record checks

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112 CMR 6.00: CRIMINAL OFFENDER RECORD CHECKS Section 6.01: Purpose 6.02: Policy 6.03: Scope 6.04: Authority 6.05: Definitions 6.06: Candidate Disclosure of Criminal Record Information 6.07: Community Service and Work Release Workers 6.08: Hiring Authority Responsibilities 6.09: CORI Investigations 6.10: Findings from CORI Investigations 6.11: Disqualifications 6.12: Provisions for Review of a Candidate in any Discretionary Disqualification Category 6.13: Exemption from Certain Requirements 6.14: Dissemination 6.15: Agency Audits 6.16: Incidents 6.17: Severability 6.18: Tables of Offenses

112 CMR 6.00 Criminal offender record checks

6.01 Purpose

6.01: Purpose The purpose of 112 CMR 6.00 et seq. is to establish standardized policy and procedures for the Commission for the Deaf and Hard of Hearing (MCDHH) and MCDHH funded programs regarding the review of criminal records of candidates for employment or regular volunteer or training positions. The Criminal History Systems Board (CHSB) ha s authorized Executive Office of Health and Human Services (EOHHS) agencies and their vendor agencies to receive criminal record information regarding present or prospective employees in any program funded or operated by such agencies.

6.02 Policy

6.02: Policy In order to ensure that employees or other persons regularly providing client or support services in any program or facility of the MCDHH, or in vendor agency programs funded by MCDHH are appropriate for serving in their positions, with potential for unsupe rvise d c o ntact, a Criminal Offender Record Information (CORI) check shall be performed on candidates for positions in such programs or facilities, as provided in 112 CMR 6.00. It is the policy of EOHHS and the Commission for the Deaf and Hard of Hearing (MCDHH) that convictions of certain cr ime s p o se an unacceptable risk to the vulnerable populations served by the MCDHH and its vendor agencies. 112 CMR 6.00 sets forth minimum standards

6.03 Scope

6.03: Scope 112 CMR 6.00 applies to candidates for positions which entail potential unsupervised contact in MCDHH funded or operated programs that provide people with MCDHH services, including volunteers and trainees. At the discretion of the hiring authority, the scope of 112 CMR 6.00 may be expanded to include volunteers, interns, students or other persons regularly offering support to any program or facility in either a paid or unpaid capacity whose services do not entail the potential fo r uns upervised client contact, upon appropriate certification by the CHSB.

6.04 Authority

6.04: Authority 112 CMR 6.00 is promulgated pursuant to M.G.L. c. 6, § 192.

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6.05 Definitions

6.05: Definitions Candidate: Any p e rso n seeking employment or a position as a regular volunteer or trainee to provide services for or on behalf of the MCDHH or its vendor agency programs, where such employment or position involves potential unsupervised contact with program clients. Employment includes but is not limited to placement in: state positions; federal positions; positions funded by grants, bonds or other capital outlay; and, vendor agency positions. Community Service Worker: Any individual who, as a condition of probation, is applying for a position. CORI Cleared Employee: Any former candidate who was hired as an employee after successfully satisfying the requirements of 112 CMR 6.00. CORI Coordinator: The person designated by the hiring authority to send requests and receive responses from the CHSB EOHHS CORI Unit. CORI Investigation: The process of requesting or receiving and evaluating a CORI check related to candidates for a positions in MCDHH or a vendor agency program. Criminal History Systems Board (CHSB) EOHHS CORI Unit: The EOHHS sponsored unit within the Criminal History Systems Board which processes requests for CORI information from EO HHS agencies and offers technical assistance with any question arising from the results of a search. Criminal Justice Official: Either the candidate’s probation officer, parole officer or correctional facility superintendent (or designee), depending upon the person having the most recent responsibility for supervision of the candidate. In cases where the candidate was last supervised in a correctional facility, the candidate may advise the hiring authority of any emplo ye e of the correctional facility who may have specific information about the candidate that would assist the superintendent or designee in his/her assessment process. Criminal Offender Record Information (CORI): Information regulated by the Criminal History Systems Board and maintained by the Board of Probation regarding the criminal histories of persons within the Massachusetts Court system. Discretionary Disqualification: A category of offenses that may result in disqualifying a candidate for a position which entails potential unsupervised contact with persons receiving services. Final Disposition: the date of release from all custody, probation or parole of the date of conviction, whichever is the most recent. Five Year Presumptive Disqualification: A category of offenses where the final disposition of any included offense occurred within five years of the date of application for a position in any MCDHH funded or operated program. C onviction of any such offense results in presumption of disqualification for employment or other services which entail potential unsupervised contact with persons receiving services in a ny MCDHH funded or operated program, due to the presumed unacceptable risk posed by the nature of the crime to persons receiving services. A five year presumptive disqualification shall become a discretionary disqualification if (a) five years or more have passed since the final disposition of the offense, or (b) the candidate’s criminal justice official concludes in writing that the candidate, within the position sought, does not po se a n unacceptable risk of harm to the persons served by the program, or (c) the criminal justice official has been determined by the hiring authority to be unavailable or has indicated to the hiring authority that he/she has insufficient information to render an asse ssment, then the hiring authority may seek an assessment of the candidate’s risk of harm from a qualified mental health professional and the qualified mental health professional concludes in writing that the candidate, within the position sought, does not pose an unacceptable risk of harm to the persons served by the program.

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6.05 continued

6.05: continued Hiring Authority: The person legally authorized or designated to make hiring decisions within the affected agency, department, office, program, or facility. Lifetime Presumptive Disqualification: A category of offenses for which conviction of any such offense results in a presumption of disqualification for employment or other service which e ntails potential unsupervised contact with persons receiving services in any EOHHS fund e d o r operated program, due to the presumed unacceptable risk posed by the nature of the crime to persons receiving se rvices. A lifetime presumptive disqualification shall become a discretionary d isq ualificatio n if: (a) the candidate’s criminal justice official concludes in writing that the c a ndidate, within the position sought, d o e s not pose an unacceptable risk of harm to the persons served by the program, or (b) the criminal justice official has been determined by the hiring authority to be unavailable or has indicated to the hiring authority that she has insuffic ient information to render an assessment, then the hiring authority may seek an assessment of the candidate’s risk of harm from a qualified mental health professional and the qualified mental health professional concludes in writing that the candidate, within the position sought, does not pose an unacceptable risk of harm to the persons served by the program. MCDHH Funded or Operated Program: Any program operated by MCDHH or contracted and funded by MCDHH with a vendor agency that provides s e rvic es for or on behalf of MCDHH clients. No Record: The conclusion from a CORI search that applica b le c riminal records relating to the candidate have not been found. A finding of “no record” does not necessarily mean, however, that criminal information is not present in the CORI database. Pending: A criminal offense shall be c o nsid e re d p ending if the CORI report indicates that the offense remains open and without final resolution, including that the case has been continued without a finding. Position: Employment, service by a regular volunteer, or trainee. Potential Unsupervised Contact: A reasonable likelihood for contact with a person who is receiving or applying for MC DHH se rvices when no other CORI cleared employee is present. A person having only the potential for incidental unsupervised contact with clients in commonly used areas suc h a s e le va tors, hallways and waiting rooms, shall not be considered to have the potential for unsupervised contact for purposes of 112 CMR 6.00. These excluded areas do not include bathrooms and other isolated areas (not commo nly utilized or sight and sound separate from other staff). Qualified Mental Health Professional A psychiatrist, licensed to practice medicine under M.G.L. c. 112, § 2, a psychologist, licensed under M.G.L. c. 112, § § 1 1 8 through 121, or a licensed independent clinical social worker licensed under M.G.L. c. 112, §§ 130 through 132; provided that the psychiatrist, psychologist, or licensed independent clinical social worker (LICSW) has at least 1,000 hours of experience over a minimum of two years involving assessment, treatment, and consultation concerning individuals with behavior that presents a risk of harm to others in the community, in the workplace, in treatment settings, or in correctional facilities; provided further that the psychiatrist, psychologist, or licensed independent clinical social worker has not provided treatment to the candidate a nd is not an employee of the hiring authority. Ten Year Presumptive Disqualification: A category of offenses where the final disposition of a ny included offense occurred within ten years of the application date for employment or a person in any EOHHS funded or operated program. Conviction of any such offense results in a presumption of disqualification for employment or other service which entails potential unsupervised contact with persons receiving services, due to the presumed unacceptable risk posed by the nature of the crime to persons re c e iving se rvices. A ten year presumptive disqualification shall become a discretionary disqualification if:

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6.05 continued

6.05: continued (a) ten years or more have passed since the final disposition of the offense, or (b) the candidate’s c riminal justice official concludes in writing that the candidate, within the position sought, does not pose an unacceptable risk o f ha rm to the persons served by the program, or (c) the criminal justice official has been determined by the hiring authority to be unavailable or ha s indicated to the hiring authority that she has insufficient information to render an assessment, then the hiring authority may seek an assessment of the candidate’s risk of harm from a qualified mental health professional and the qualified mental health professional concludes in writing that the candidate, within the position sought, does not pose an unacceptable risk of harm to the persons served by the program. Trainee: Any person enrolled in an academic program or participating in a pre or post-doctoral training program that is affiliated with an accredited educational institution or hospital, who receives a placement within MCDHH or a vendor agency program. Vendor Agency Program: The provision of client services by any individual, corporation, partnership, organization, trust, association or other entity through funding by the MCDHH. Volunteer: Any person who works in an unpaid capacity for MCDHH or a vendor agency program. For purposes of 112 CMR 6.05: Volunteer, a current consumer of services at a facility or program who provides unpaid services at that facility or program shall not be considered a volunteer at that facility or program. Work Release Program: A program of unpaid work performed by any individual who is under the custody of the state or county correctional system.

6.06 Candidate Disclosure of Criminal Record Information

6.06: Candidate Disclosure of Criminal Record Information All candidates for a position with MC DHH or a vendor agency program shall complete an application form that contains a section requiring the candidate to disclose whether or not he/she has a criminal record and what crimes, if any, he or she has been convic te d of, consistent with MGL c. 151B, §4, para. 9. The application shall not require a candidate to disclose: (1) an arrest, detention, or disposition regarding any violation of law in which no conviction resulted, or (2) a first conviction for any of the follo wing misdemeanors: drunkeness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace, or (3) any conviction of a misdemeanor where the date of such conviction or the completion of any period of incarceration resulting therefrom, whichever date is la te r, occurred five or more years prior to the date of such application for employment or such request for information, unless such person has been convicted of any offense within five years immediately preceding the date of such application for employment or such request for information. N o a p p lication for employment shall be considered complete unless the candidate completes this section.

6.07 Community Service and Work Release Workers

6.07: Community Service and Work Release Workers Any MCDHH or vendor agency program that participates in either a criminal justice related community service program or a wor k r e le a se program shall require all individuals who p a r ticipate to disclose his/her criminal record in conformance with 112 CMR 6.06. In add itio n, as a condition of participation, the candidate’s criminal justic e o fficial must concludes in writing that the individual will not pose an unacceptable risk to MCDHH program clients or will be supervised at all times.

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6.08 Hiring Authority Responsibilities

6.08: Hiring Authority Responsibilities (1) The hiring autho r ity s ha ll ensure that each candidate provides consent to a CORI investigation as part of his/her application, and to the periodic conduct of further CORI investigations during the course of employment with MCDHH or the vendor agency program. The hiring authority shall also inform the c a ndidate that his or her CORI may be utilized by the criminal justice official or qualified mental health professional conducting themselves in conformance with 112 CMR 6.07, 6.11(1), (2), and (3) and MCDHH personnel responsible for carrying out the provisions of 112 CMR 6.15 and 6.16. Such consent and notification shall be included in the hiring authority’s employment application form. (2) The hiring authority shall require, as a condition of an offer of employment, the completion of the CORI investigation. The hiring authority shall confirm an offer of employment only after the hiring authority receives written confirmation that the criminal record investigation has resulted in a finding of “no record” or until the hiring a utho rity has complied with the requirements of 112 CMR 6.09, 6.11 and 6.12. (3) The hiring authority shall not permit any candidate to commence employment or volunteer service until after the candidate is cleared as a result of the CORI investigation in accordance with 112 CMR 6.00.

6.09 CORI Investigations

6.09: CORI Investigations (1) All candidates shall complete a CORI Supplement form. (2) After the hiring authority makes a preliminary decision to hire or accept the services of an individual, the completed CORI Supplement (authorization) form or electronic equivalent shall be sent to the CHSB EOHHS CORI Unit. (3) All C ORI investigations that result in a finding of “no record” shall be transmitted back to the hiring authority and shall be sufficient evidence of suitability for hire for 45 business days. A “no record” finding may be valid for consideration for other positions during such 45 day period. (4) All CORI investigations that show findings of criminal records shall be sent immediately to the hiring authority for review and action consistent with 112 CMR 6.00. (5) All hiring authorities shall develop procedures that will ensure that the Massachusetts Commission for the Deaf and Hard of Hearing can audit compliance with 112 CMR 6.00 pursuant to 112 CMR 6.15.

6.10 Findings from CORI Investigations

6.10: Findings from CORI Investigations (1) If the CORI investigation reveals a finding of “no record,” such finding shall be documented in the candidate’s file. (2) If the CORI investigation reveals a “life time presumptive disqualification” on the candidate’s record, the candidate shall be informed by the hiring authority that he or she is ineligible for any position which has the potential for unsupervised contact with persons receiving services in an MCDHH funded or operated program, unless provisions of 112 CMR 6.11 and 6.12 are complied with. (3) If the CORI investigation reveals a “ten year presumptive disqua lification” on the candidate’s record, the candidate shall be informed by the hiring authority that he or she is ineligible for any position which has the potential for unsupervised contact with persons applying for or receiving services in an MCDHH funded or operated progra m, unless the provisions of 112 CMR 6.11 and 6.12 are complied with.

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6.10 continued

6.10: continued (4) If the CO RI investigation reveals a “five year presumptive disqualification” on the candidate’s record, the candidate shall be informed by the hiring authority that he or she is ineligible for any position which has the potential for unsupervised contact with persons applying for or receiving services in an MCDHH funded or operated program, unless the provisions of 112 CMR 6.11 and 6.12 are complied with. (5) If the CORI investiga tion re ve a ls a “discretionary disqualification” on the candidate’s record, the candidate shall be informed by the hiring authority that he or she is ineligible for any position which has the potential for unsupervised contact in an MCDHH funded or operated program, unless the provisions of 112 CMR 6.11 and 6.12 are complied with.

6.11 Disqualifications

6.11: Disqualifications (1) Lifetime Presumptive Disqualification. A candidate shall be ineligible for a position in a MCDHH funded or operated program which entails potential unsupervised contact with persons receiving services if he or she has been convicted of any of the crimes listed in 112 CMR

6.18 Table A, ha s a ny pending charges involving crimes listed in 112 CMR 6.18: Table A, or

6.18: Table A, ha s a ny pending charges involving crimes listed in 112 CMR 6.18: Table A, or has any outstanding warrants unless: (a) 1. the candidate’s criminal justice official concludes in writing that the candidate, within the position sought in a MCDHH or the vendor agency program, does not pose an unacceptable risk of harm to the persons served by the program, or 2. if the candidate’s criminal justice official has been determined by the hiring authority to be unavailable or has indicated to the hiring authority that she has insufficient information to render an assessment, then the hiring authority may seek an assessment (the cost of which shall be borne by the hiring authority) of the candidate’s risk of harm from a qualified mental health professional and the qualified mental health professional concludes in writing that the candidate, within the position sought in an MCDHH funded or operated program, does not pose an unacceptable risk of harm to the persons served by the program; and (b) the hiring authority has complied with the provisions of 112 CMR 6.12. (2) Ten Year Presumptive Disqualification. A candidate shall be ineligible for a position in an MCDHH funded or operated program which entails potential unsupervised contact with persons receiving services if he or she has been convicted of any of the crimes listed in 112 CMR

6.18 Table B or if he or she has any pending charges involving crimes listed in 112 CMR

6.18: Table B or if he or she has any pending charges involving crimes listed in 112 CMR

6.18 Table B, unless:

6.18: Table B, unless: (a) 1. ten years or more have passed since the final disposition of the offense, or 2. the candidate’s criminal justice official concludes in writing that the candidate, within the position sought in a MCDHH or the vendor agency program, does not pose an unacceptable risk of harm to the persons served by the program, or 3. if the candidate’s criminal justice official has been determined by the hiring authority to be unavailable or has indicated to the hiring authority that she has insufficient information to render an assessment, then the hiring authority may seek an assessment (the cost of which shall be borne by the hiring authority) of the candidate’s risk of harm from a qualified mental health professional and the qualified mental health professional concludes in writing that the candidate, within the position sought in an MCDHH funded or operated program, does not pose an unacceptable risk of harm to the persons served by the program; and (b) the hiring authority has complied with the provisions of 112 CMR 6.12. (3) Five Year Presumptive Disqualification. A candidate shall be ineligible for a position in an MCDHH funded or operated program which entails potential unsupervised contact with persons receiving services if he or she has been convicted of any of the crimes listed in 112 CMR 6.18: Table C or if he or she has any pending charges involving crimes listed in 112 CMR

6.18 Table C, unless:

6.18: Table C, unless: (a) 1. five years or more have passed since the final disposition of the offense, or 2. the candidate’s crimina l justice official concludes in writing that the candidate within the position sought in an MCDHH or the vendor agency program does not pose an unacceptable risk of harm to the persons served by the program, or

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6.11 continued

6.11: continued 3. if the candidate’s criminal justice official has been determined by the hiring authority to be unavailable or has indicated to the hiring authority that he or she has insufficient information to render an assessment, then the hiring authority may seek an assessment (the cost of which shall be borne by the hiring authority) of the candidate’s risk of harm from a qualified mental health professional and the qualified mental health professional, concludes in wr iting, that the candidate, within the position sought in an MCDHH funded or operated program does not pose an unacceptable risk of harm to the persons served by the program; and (b) the hiring authority has complied with the provisions of 112 CMR 6.12. (4) Discretionary Disqualification. A candidate shall be ineligible for a position in an MCDHH funded or operated program which entails potential unsupervised contact with persons receiving services if he or she has been convicted of or has pending any of the crimes listed in 112 CMR

6.18 Table D, or if he or she has any pending charges involving crimes listed in 112 CMR

6.18: Table D, or if he or she has any pending charges involving crimes listed in 112 CMR

6.18 Table D, unless the hiring authority has complied with the provisions of 112 CMR 6.12.

6.18: Table D, unless the hiring authority has complied with the provisions of 112 CMR 6.12.

6.12 Provisions for Review of a Candidate in any Discretionary Disqualification Category

6.12: Provisions for Review of a Candidate in any Discretionary Disqualification Category Every candidate for whom the CORI investigation reveals a “lifetime presumptive disqualification”, a “ten ye a r presumptive disqualification,” a “five year presumptive disqualification,” or a “discretionary d isqualification”, and who has otherwise met the requirements for further consideration, if any, of 112 CMR 6.11, shall receive additional review by the hiring autho rity to d etermine if the candidate poses an unacceptable risk of harm to the persons served b y the p rogram within the position sought. In reviewing the candidate’s appropriateness for employment, given the concern for the client’s safety, due weight shall be given to the following factors: (a) Age of the conviction; (b) Age of the candidate at the time of the offense; (c) Seriousness and specific circumstances of the offense; (d) Relationship of the criminal act to the nature of the work to be performed; (e) The number of offenses; (f) Any relevant evidence of rehabilitation or lack thereof; (g) Any other relevant information, including information sub mitted by the candidate; the hiring authority shall inform the candidate of the opportunity to submit other relevant information. (2 ) In reviewing the criminal record of a candidate, the Hiring Authority may request that the candidate submit additional information, including a letter from the candidate’s probation, parole officer, tre a ting professional or other knowledgeable source, if not already supplied pursuant to 1 1 2 C MR 6.11(1), (2) or (3). The Hiring Authority may also seek additional information fro m the police, courts, or prosecuting attorneys. Following the review, the Hiring Authority shall determine whether: (a) To hire the candidate. (b) To not hire the candidate; or (c ) To hire the candidate to either a different position or to the requested position with certain restrictions, including but not limited to close supervision or limited access to client care areas. The Hiring Authority sha ll require clear and convincing evidence demonstrating the candidate’s appro p riateness for employment given the concern for client safety. The Hiring Authority shall document, in writing, the reasons for his or her approval of the candidate for the position. The Hiring Authority shall maintain a written record, including the rationa le fo r the determination of appropriateness for the position for all candidates awarded a position pursuant to 112 CMR 6.12. Nothing herein shall be construed as preventing the hiring authority from deciding not to hire the candidate for any other reason.

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6.13 Exemption from Certain Requirements

6.13: Exemption from Certain Requirements MCDHH may grant a funded or operated program an exemption from the requirements of 112 CMR 6.11(2)(a) and (3)(a) upon a determination by MC DHH that an exemption is warranted following consideration of the following criteria: (1) the service needs and level of vulnerability of the clients served by the program; (2) the potential benefits and risks to those clients as a result of the exemption; (3) the hiring authority’s capacity to perform the review required by 112 CMR 6.12. Whenever MCDHH grants an exemption, it shall document, in writing, the basis for determining that the exemption is warranted, including providing its assessment of the level of vulnerability of the clients served by the program. No program shall be eligible for an exemption pursuant to 112 CMR 6.13 if it serves clients 16 years of age or younger or if it serves a population that is primarily 65 years of age or older:

6.14 Dissemination

6.14: Dissemination CORI records may be disseminated only to individuals certified by the CHSB to receive such information, such as designated representatives of the hiring authority or the CORI Coordinator. The hiring authority shall maintain a listing of persons so certified. Willful dissemination of Criminal Offender Record Information to unauthorized individuals is punishable by a jail sentence of up to one yea r a nd /or a fine of $5,000 in addition to civil penalties, pursuant to M.G.L. c. 6 178.

6.15 Agency Audits

6.15: Agency Audits MCDHH shall periodically review statistical information on all CORI requests and investigations maintained by each hiring authority in accordance with MCDHH policy and procedures. In addition, MCDHH may establish further requir e me nts for checking CORI findings and the interpretation of such findings by the hiring authority.

6.16 Incidents

6.16: Incidents Any hiring authority receiving an allegation that an employee with a positive CORI history ha s ha rme d a client in a MCDHH or vendor agency program shall immediately report the allegation to the person designated by MCDHH for such p urposes. Upon request, the hiring authority shall provide the Commission with documentation of the basis for the hiring decision.

6.17 Severability

6.17: Severability If any provisions of 112 CMR 6.01 through 6.18, or the applications o f such provisions to any person or circumstance are held invalid, the other provisions of said 112 CMR 6.01 through 6.18, or the application of suc h p ro visions to any person or circumstance other than that as to which it is held invalid, shall not be affected thereby.

6.18 Tables of Offenses

6.18: Tables of Offenses The offenses included in 112 CMR 6.18: Tables A, B, C and D are to be construed as including all violations of Massac huse tts la w or like violation of the law of another state, the United States, or a military, territorial or Indian tribal authority. The Hiring Authority s ha ll contact the CHSB EOHHS CORI Unit whenever a CORI investigation reveals an offense that is not included in any of the tables and it appears similar in seriousness to included offenses. The CHS B EO HHS CORI Unit, in consultation with the MCDHH General Counsel, shall determine, taking into account the purposes of 112 CMR 6.00, if the offense is similar to one of the included offenses. If it is determined to be similar, then it shall be considered to be included in the same table as the included offense. If it is determined to be dissimilar, then it shall be considered for inclusion into the appropriate table through the regulatory process.

6.18 continued

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N o thing he r e in s ha ll p re c lud e the hiring a utho rity fro m c o ns id e ring a ny c rimina l c o nvic tio n not included in any of the tables in its hiring decisions. TABLE A: Lifetime Presumptive Disqualification M .G.L. A&B, DANGEROUS W EAPON, VICT 65+ c.265 § 15A(a) A &B CHILD W / INJURY c.265 §13J A &B ON RETA RDED PERSON c.265 §13F A DM INISTERING DRUGS/SEX c.272 § 3 A RM ED A SSA ULT W /INTENT TO M URDER OR ROB c.265 § 18(b) ARMED ASSAULT W /INTENT TO MURDER OR ROB, VICT 65 c.265 § 18(a) A RM ED A SSA ULT, DW ELLING, W /FELONY INTENT c.265 § 18A A RM ED CA RJA CKING c.265 §21A A RM ED ROBBERY c.265 § 17 A SSA ULT W /INTENT TO M URDER OR M A IM c.265 § 15 A SSA ULT W /INTENT TO RA PE c.265 § 24 A SSA ULT W /INTENT TO RA PE CHILD c.265 § 24B A TTEM PT ESCA PE OR ESCA PE BY PRISONER OR SEX/DA NG c.268 § 16 A TTEM PT TO M URDER c.265 § 16 BURNING DW ELLING HOUSE c.266 § 1 DISTRIBUTE CONTROLLED SUBSTA N, M INOR c.94C § 32F EXHIBIT POSING CHILD c.272 § 29A EXTORTION c.265 § 25 HOM E INVA SION c.265 §18C INCEST c.272 § 17 INDECENT A &B, CHILD 14 OR OVER c.265 § 13H INDECENT A &B, CHILD UNDER 14 c.265 §13B INDECENT A &B, RETA RDED PERSON c.265 § 13F INDUCE M INOR TO PROSTITUTION c.272 §4A INTIM IDA TION OF W ITNESS c.268 § 13B KIDNA PPING c.265 § 26 M A LICIOUS EXPLOSION c.266 §101 M A NSLA UGHT ER, NEGLIGENCE (M INOR/ CHILD) c .265 § 13 M A NSLA UGHTER c.265 § 13 M A YHEM c.265 §14 M URDER c.265 § 1 PERJURY c.268 § 1 RA PE c.265 §22(b) RAPE AGGRAVATED c.265 § 22(a) RA PE, STA TUTORY c.265 § 23 TRA FFICKING IN COCA INE c.94C § 32E(b )(4) TRA FFICKING IN HEROIN c.94C § 32E(c)(4) TRA FFICKING IN M A RIJUA NA c.94C § 32E(a)(4) UNNA TURA L A CTS W /CHILD UNDER 16 c.272 § 35A CONSPIRA CY T O COM M IT A NY OF A BOVE OFFENSES A CCESSORY BEFORE A NY CRIM E IN THIS CA TEGORY A TTEM PTS TO COM M IT A NY CRIM E IN THIS CA TEGORY TABLE B: Te n Ye ar Pre s umptive Dis qualification M .G.L. A & B DA NGEROUS W EA PON c.265 § 15A A&B INTIMIDATION, RACE/COLOR/RELIGION c.265 § 39(a) A ID ESCA PE FROM CUSTODY c.268 § 17 ASSAULT BY DANGEROUS W EAPON, VICTIM 65 AND OLDER c.265 §15B(a) A TTEM PT TO BURN DW ELLING HOUSE c.266 § 5A A TTEM PTED EXTORTION c.265 §25 BOM B SCA RE c.269 § 14 B&E DA Y, INTEND COM M FELONY, FEA R c.266 § 17 BRIBERY OF A POLICE OFFICER c.268 § 2

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Table B: continued BURGLA RY, A RM ED c.266 §14 BURGLA RY, UNA RM ED c.266 § 15 BURNING BUILDING c.266 § 2 CA RRYING DA NGEROUS W EA PON, COM M ITTING FELONY c.269 § 10(b) CA RRYING DA NGEROUS W EA PON, SUB OFFENSE c.269 § 10(d) CIVIL RIGHTS VIOLA TION, BODILY INJURY c.265 § 37 COM POUNDING FELONY c.268 § 36 CONTRIBUTE DELINQUENCY CHILD c.119 § 63 DELIVER DRUGS TO PRISONER c.268 § 28 DERIVING SUPPORT FROM PROSTITUTE c.272 § 7 DISTRIBUTING OBSCENE PICTURES c.272 § 28 ESCA PE BY PRISONER c.268 §16 FORGERY, A LTER PRESCRIPTION c.94C § 33(b) FUGITIVE FROM JUSTICE c.276 § 20A INDUCE PROSTITUTION c.272 § 6 INDUCE SEX, M INOR c.272 § 4 INVOLUNTA RY M A NSLA UGHTER c.265 §13 KIDNA PPING M INOR BY RELA TIVE c.265 § 26A KIDNA PPING M INOR BY RELA TIVE, ENDA NGER SA FETY c.265 § 26A LA RCENY FIREA RM c.266 § 30 LA RCENY, PERSON 65+ c.266 § 25 M A NUFA CTURE/DISTRIBUTE CLA SS A SUBSTA NCE c.94C § 32 M A NUFA CTURE/DISTRIBUTE CLA SS B SUBSTA NCE c.94C § 32A M A NUFA CTURE/DISTRIBUTE CLA SS C SUBSTA NCE c.94C § 32B M A NUFA CTURE/DISTRIBUTE/DISPENSE CLA SS B SUBSTA NCE c.94C § 32A M FG/DIST/DISPENSE CL A W /IN 1000FT SCHOOL c.94C § 32J M FG/DIST/DISPENSE CL B W /IN 1000FT SCHOOL c.94C § 32J M/V HOMICIDE, UNDER INFLUENCE DRUGS, NEGLIGENT OR RECKLESS c.90 § 24G(a) M /V HOM ICIDE, UNDER INFLUENCE LIQUOR c.90 § 24G(b) M /V HOM ICIDE, UNDER INFLUENCE LIQUOR, NEGLIGENT OR RECKLESS c. 90 §24G(b) POSS CL A SUB W /INT TO DIST W /INT 1000FT SCHOOL c.94C § 32J POSS CL B SUB W /INT TO DIST W /INT 1000FT SCHOOL c.94C § 32J POSS CL B SUB W /INT TO DIST/M FG/CULT W /INT 1000FT SCHOOL c.94C § 32J POSSESS CLASS A SUBSTANCE, INTENT TO DISTRIBUTE c.94C § 32(a) POSSESS CLASS B SUBSTANCE, INTENT TO DISTRIBUTE c.94C § 32A(a) POSSESS CLA SS B SUBSTA NCE, W /INTENT DIST/M FG c.94C § 32A POSSESS CLASS C SUBSTANCE, INTENT TO DISTRIBUTE c.94C § 32B(a) POSSESS CONTROLLED SUB W /INTENT DISTRIB, SUB OFF c.94C § 32(b) POSSESS FIREA RM W /O LICENSE c.269 §10(h) POSSESS FIREA RM , SERIA L/ID NUM OBLIT c.269 § 11C POSSESS FIREA RM , SERIA L/ID NUM OBLIT, COM M FELONY c.269 § 11B POSSESS INFERNA L M A CHINE c.266 § 102A POSSESS M A CHINE GUN W /O LICENSE POSSESS SHOTGUN, BA RREL UND 18 “SA W ED OFF” c.269 § 10C POSSESS M A CHINE GUN OR SA W ED OFF SHOT GUN, SUB OFFENSE c.269 § 10D POSSESS SHOTGUN, BA RREL UND 18 “SA W ED OFF, SUB OFF c.269 § 10D SELL A M M UNITON W /O LICENSE c.140 § 122B SELL OBSCENE LITERA TURE, UNDER 18 c.272 § 28 SELL FIREA RM W /O LICENSE c.140 § 128 THROW EXPLOSIVES c.266 § 102 TRA FFICKING IN COCA INE W / IN 1000FT SCHOOL c.94C § 32J TRA FFICKING IN HEROIN W / IN 1000FT SCHOOL c.94C § 32J TRA FFICKING IN M A RIJ W / IN 1000FT SCHOOL c.94C § 32J UNA RM ED ROBBERY c.265 § 19(b) UNARMED ROBBERY, VICTIM 65+ c.265 § 19(a) UNLA W FUL POSSESSION, BOM B c.148 § 35 UNLA W FUL POSSESSION, FIREA RM , COM M ISSION FELONY c.265 § 18B UNLA W FULLY PLA CE EXPLOSIVES c.266 § 102 UTTER FA LSE PRESCRIPTION c.94C § 33

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Table B: continued VIOLA TE DOM ESTIC PROTECTIVE ORDER c.208 § 34C VIOLA TION OF PROTECTIVE ORDER (209A ) c.209A § 7 CONSPIRA CY T O COM M IT A NY OF A BOVE OFFENSES A TTEM PTS TO COM M IT A NY CRIM E IN THIS CA TEGORY A CCESSORY BEFORE A NY CRIM E IN THIS CA TEGORY TABLE C: Five Year Presumptive Disqualification M .G.L. A CCESSORY BEFORE FA CT c.274 § 2 A CCESSORY A FTER FA CT(VA RIA BLE) c.274 § 4 A SSA ULT BY DA NGEROUS W EA PON c.265 § 15B(b) A TTEM PT TO COM M IT CRIM E (VA RIA BLE) c.274 §6 B&E DA Y, INTENT COM M FELONY c.266 § 18 B&E NIGHT, BLDG/SHIP/M /V, INTEND COM M FELONY c.266 § 16 B&E TRUCK, INTEND COM M FELONY c.266 § 20A BURNING M /V OR PERSONA L PROPERTY c.266 § 5 BURNING TO DEFRA UD INSURA NCE CO. c.266 § 10 CA RRYING LOA DED RIFLE/SHOTGUN, PUBLIC W A Y c.269 § 12D DELIVER A RTICLES TO INM A TE c.268 § 31 DRUG PARAPHENELIA c.94C § 32I(a) ENTER W /O BRK, BLDG/SHP/M /V, INT FEL , FEA R c.266 § 17 ENTER W /O BRK, NIGHT, DW ELL, INTEND COM M FELONY c.266 § 18 ENTICE FEM A LE, SEX, INTERCOURSE c.272 § 2 ESCA PE, FURLOUGH c.268 § 16 FA LSE INFORM A TION FOR GUN PERM IT c.140 § 129 LA RCENY, BA NK EM PLOYEE OR OFFICER c.266 § 52 LA RCENY, CONTROLLED SUBSTA NCE, FROM A UTHORIZED PERSON c.94C § 37 LA RCENY, PERSON c.266 § 25 M A NUFA CTURE/DISTRIBUTE CLA SS D SUBSTA NCE c.94C § 32C M /V HOM ICIDE, NEGLIGENT OPERA TION c.90 § 24G(b) M /V HOM ICIDE, RECKLESS OPERA TION c.90 § 24G(b) OPERA TE M /V UNDER INFLUENCE, SERIOUS INJURY c.90 §24(1)(a)(1) OPERA TE M /V UNDER INFLUENCE, DRUGS, 3 OFFENSE RD c.90 §24(1)(a)(1) OPERA TE M /V UNDER INFLUENCE, LIQUOR, 3 OFFENSE RD c.90 § 24 POSSESS CLA SS A SUBSTA NCE c.94C §34 POSSESS CLA SS B SUBSTA NCE c.94C §34 POSSESS CLA SS C SUBSTA NCE, SUB OFFENSE c.94C §34 POSSESS CLA SS D SUBSTA NCE, SUB OFFENSE c.94C §34 POSSESS CLASS D SUBSTANCE, INTENT TO DISTRIBUTE c.94C § 32C(a) POSSESS CLA SS E SUBSTA NCE, INTENT TO DISTRIBUTE c.94C § 32D POSS CLA SS D SUB W /INT TO DIST W /INT 1000FT SCHOOL c.94C §32J POSSESS BURGLA RIOUS TOOLS c.266 § 49 POSSESS M /V M A STER KEY c.266 § 49 POSSESS M A TTER HA RM FUL M INOR c.272 § 28 RECEIVE/BUY STOLEN M/V c.266 § 28(a) UNA RM ED A SSA ULT, INTENT TO ROB c.265 § 20 UNNA TURA L A CTS c.272 § 35 VA NDA LIZE CHURCH/SYNA GOGUE/CEM ETERY c.266 § 127A VA NDA LIZE SCHOOL/CHURCH/EDUCA TIONA L BLDG c.266 § 98 VIOLATE STALKING LAW c.265 § 43(a) CONSPIRA CY T O COM M IT A NY OF A BOVE OFFENSES A TTEM PTS TO COM M IT A NY CRIM E IN THIS CA TEGORY A CCESSORY BEFORE A NY CRIM E IN THIS CA TEGORY

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TABLE D: Discretionary Disqualification M .G.L. A &B c.265 § 13A A &B ON PUBLIC SERVA NT c.265 § 13D A &B ON POLICE OFFICER c.265 § 13D A &B OR A SSA ULT ON CORRECTIONA L OFFICER c.127 § 38B A BA NDON W /O SUPPORT OF SPOUSE, OR M INOR CHILD c.273 § 1(1) A BA NDON M /V c.90 § 22B A CCOSTING c.272 § 53 A DULTERA TION A LCOHOLIC BEVERA GE c.138 § 16 A FFRA Y c.272 § 53 A LIEN IN POSSESS OF FIREA RM c.140 § 13H A NNOYING PHONE CA LLS c.269 § 14A A SSA ULT c.265 § 13A A TTEM PT TO INJURE DEPOSITORY OF VA LUA BLES c.266 § 16 B&E, INTEND TO COM M M ISDEM EA NOR c.266 § 16A B&E RA ILROA D CA R c.266 § 19 B&E RECOGNIZA NCE VIOLA TION c.276 § 82A BEING PRESENT W HERE HEROIN KEPT c.94C § 35 CIVIL RIGHTS VIOLA TION, NO BODILY INJURY c.265 § 37 CREDIT CA RD, LA RCENY OF c.266 § 37B CRUELTY TO A NIM A LS c.272 § 77 DISCHA RGING FIREA RM , 500FT c.269 § 12E DISCHA RGING W EA PON NEA R HIGHW A Y/DW ELL, HUN c.131 § 58 DISPENSE CONTROLLED SUBSTA NCE, NOT REGISTERED c.94C § 25 DISTRIBUTE CONTROLLED, SUBSTA N W /O PRESCRIPTION c.94C § 25(1) ENGA GING IN SEX, PROSTITUTION, “JOHN” c.272 § 53A ENTER W /O BRK, TRUCK, INTEND COM M FELONY c.266 § 20A FA IL TO KEEP RECORDS ON CONTROLLED SUBSTA NCE c.94C § 15 GA M ING, IM PLEM ENTS FOUND PRESENT, M A NA GER c.271 § 17 GA M ING, IM PLEM ENTS FOUND PRESENT, OW NER c.271 § 17 HOUSE OF ILL FA M E c.272 § 24 ILLEGA L POSSESS CLA SS C SUBSTA NCE c.94C § 34 ILLEGA L POSSESS CLA SS D SUBSTA NCE c.94C § 34 ILLEGA L POSSESS CLA SS E SUBSTA NCE c.94C § 34 INDECENT EXPOSURE c.272 § 53 LA RCENY BY CHECK c.266 § 37 LA RCENY M ORE c.266 §30 LA RCENY IN BLDG, SHIP, VESSEL, OR RR CA R c.266 § 20 LA RCENY IN TRUCK/TRA ILER c.266 § 20B LA RCENY, M /V OR TRA ILER c.266 § 28 LEA VE COM M W /O SUPPORT M INOR CHILD OUT OF W DLOCK c.273 § 15 LEA VE COM M W /O SUPPORT OF SPOUSE & M INOR CHILD c.273 § 1 LEA VE SCENE A FTER PERSONA L INJURY, M /V c.90 § 24(2)(a1/2)(1) LEW D & LA SCIVIOUS SPEECH & BEHA VIOR c.272 § 53 M A LICIOUS DESTRUC, PERS/REA L PROP, OVER $250 c.266 § 127 MANUFACTURE/DISTRIBUTE CLASS E SUBSTANCE c.94C § 32D(a) NON-SUPPORT OF M INOR CHILD OUT OF W EDLOCK c.273 § 15 NON-SUPPORT OF M INOR CHILD(REN) c.273 §1 OBSCENE TELEPHONE CA LLS c.269 § 14A OBSTRUCT JUSTICE c.268 § 34 OPEN & GROSS LEW DNESS c.272 § 16 OPERA TE M /V A FTER LICENSE REVOKED FOR DRUNK DRIVING c.90 § 23 OPERA TE M /V UNDER INFLUENCE, DRUGS c.90 § 24(1)(a)(1) OPERA TE M /V UNDER INFLUENCE, LIQUOR c.90 § 24 POSSESS A LTERED FID CA RD c.140 § 1311 POSSESS COUNTERFEIT SUBS W /INTENT DISTRIBUTE c.94C § 32G POSSESS DA NGEROUS W EA PON UNLA W FULLY c.269 § 10(b) POSSESS HYPODERM IC SYRINGE OR NEEDLE c.94C § 27 POSSESS OBSCENE “PORNOGRA PHIC” M A TERIA L c.272 § 29 PROCURE LIQUOR FOR M INOR c.138 § 34 PROSTITUTION c.272 § 53A

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Table D: continued RECEIVE STOLEN PROPERTY, OVER $250 c.266 § 60 RIOT c.269 § 1 SELL/DELIVER A LCOHOLIC BEVERA GES PERSON UNDER 21 c.138 § 34 SOLICITING PROSTITUTE c.272 § 8 SHOPLIFTING, 3 OR SUB OFFENSE RD c.266 § 30A SODOM Y c.272 § 34 TA KING M /V W /O A UTHORITY, STEA L PA RTS c.266 § 28 TELECOM M UNICA TIONS FRA UD c.166 § 42A UNA UTHORIZED USE, CREDIT CA RD, OVER $250 c.266 § 37C UNLA W FUL POSSESSION, SHOTGUN c.140 § 129C UNLA W FULLY OBTA IN CONTROLLED SUBSTA NCE c.94C § 33 USE M/V, COMMISSION OF FELONY c.90 § 24(2)(a) UTTER FORGED INSTRUM ENT c.267 § 5 VIOLA TE SUPPORT ORDER c.273 §1 VIOLA TE SUPPORT ORDER, M INOR CHILD OUT OF W DLOCK c.273 § 15 W ILLFULLY & M A LICIOUSLY BURN M /V c.266 § 127 W ILLFULLY & M A LICIOUSLY KILL BEA ST c.266 §127 W A NTON DESTRUCTION, PERS/REA L PROPERTY c.272 § 73 CONSPIRA CY T O COM M IT A NY OF A BOVE OFFENSES A TTEM PTS TO COM M IT A NY CRIM E IN THIS CA TEGORY A CCESSORY BEFORE A NY CRIM E IN THIS CA TEGORY REGULATO RY AUTHO RITY 112 CMR 6.00: M.G.L. c. 6, § 192.

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