Vote Smart's Synopsis:

Vote to pass a bill that limits access to criminal offender record information.

Highlights:

-Establishes a department of criminal justice information services within the office of public safety and security to exercise control over the installation, operation and maintenance of data processing and data communications systems to ensure the prompt collection, exchange, dissemination and distribution of public safety information (Sec. 5). -Specifies that the commissioner is responsible for all data processing, operation of the public safety information system, and investigation of complaints pertaining to the misuse of the system (Sec. 5). -Establishes the criminal record review board within the Massachusetts department of criminal justice information services with the authority of hearing certain complaints and investigating incidents (Sec. 11). -Requires a person in possession of an applicant's criminal offender record information to provide the applicant with the record prior to questioning the applicant about their criminal history (Sec. 14). -Specifies that criminal justice agencies may obtain all criminal offender record information, including sealed records for the "actual performance of their criminal justice duties" (Sec. 16). -Authorizes requestors and their agents to obtain criminal offender record information to evaluate current and prospective employees, to evaluate applicants for rental or lease of housing, to evaluate volunteers for service, and to evaluate applicants for professional licensure issued by a state or municipal entity (Sec. 16). -Authorizes members of the general public to obtain criminal offender record information of convictions for any felony punishable by a term of imprisonment of 5 years or more, felony convictions for 2 years following their disposition, and misdemeanor convictions for 1 year following their disposition (Sec. 16). -Prohibits the disclosure of information that identifies family members, friends, medical or psychological history, or any other personal information unless such information is directly relevant to such release or custody placement decisions (Sec. 16). -Specifies that department of telecommunications and energy may obtain all available criminal offender record information for screening applicants for motorbus driver certificates and applicants who regularly transport school age children (Sec. 22). -Establishes that any person who knowingly requests, obtains or attempts to obtain criminal offender record information or a self-audit under false pretenses, knowingly communicates or attempts to communicate criminal offender record information, or knowingly falsifies criminal offender record information shall be imprisoned in a jail or house of correction for not more than one year and/or fined not more than $5,000 except in the case that the offender is not a natural person, the fine may not be more than $50,000 (Sec. 26). -Establishes that in cases of juvenile delinquency record offenses described above, the offender shall be imprisoned in a jail or house of correction for not more than one year and/or fined not more than $7,500 except in the case that the offender is not a natural person, the fine may not be more than $75,000 (Sec. 26). -Specifies that a victim of crime, witness, or family member of a homicide victim may obtain all available criminal offender record information of the offender (Sec. 27). -Requires all sentences of incarceration to the state prison include a period of post-release supervision, excluding sentences for certain prisoners with parole eligibility and after 6 months of successful supervision is eligible for early termination of that supervision (Sec. 48). -Specifies that sex offenses are not eligible for sealing for 10 years following their disposition, including termination of supervision, probation, or any period of incarceration for as long as the offender is under a duty to register in the commonwealth (Sec. 58). -The bill number was S 2210 when passed by the Senate and H 4703 when amended and passed by the House.

Full Bill Text