E. Remove barriers to labor force participation

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16)    Reform the Criminal Offender Records Information (CORI) system
The Criminal Offender Record Information (CORI) system was initially launched as a way to more easily collect and disseminate criminal justice-related information for use within the criminal justice system, while protecting the privacy of those with criminal records.  However, its use has now expanded to employers, who use CORI information to screen potential employees.  Unfortunately a lack of clarity and understanding of the CORI system stands as an impediment for many ex-offenders seeking work.  Consequently, CORI reports “can have the effect of creating a class of unemployable ex-offenders.”  CORI stands as a major challenge to economic development, particularly in communities where residents are disproportionately involved with the criminal justice system.  CORI disproportionately affects low-income and immigrant communities and communities of color who have historically been denied full access to the region’s economic opportunities.  

Thoughtful and balanced CORI reform that meets the needs of employers and employees, while maintaining public safety, is therefore a critical component of MetroFuture implementation.  Recognizing the challenge that CORI presents, legislators and the Patrick Administration have been hard at work developing ideas on how to reform the CORI system.  A recent Executive Order and legislation issued by Governor Patrick represent important progress on CORI, and it is expected that significant progress will continue to be made on this issue over the coming months and years.

In January 2008, Governor Patrick issued Executive Order 495, which implements many necessary revisions to CORI.  Among other modifications, EO495 makes CORI reports easier to read, and requires that people using them in hiring situations be more completely trained in their use.  Critically, EO495 directs the Executive Office of Health and Human Services to revise its hiring guidelines for human service providers.  This item will broaden access to individuals with CORIs to jobs in high demand fields that are expected to see significant growth through 2030.  Legislation filed by Governor Patrick also proposes reforming the CORI system by changing the time frames for sealing of records and increasing the penalties for abuse of CORI information.  Passage of this legislation, coupled with EO495, could represent a significant and positive step forward in reforming the CORI system.   Additional reforms are also needed: banning the use of job applications that permit employers to exclude job seekers who truthfully disclose the existence of their criminal history; strengthening laws that will protect people with CORI from exclusion in job training programs and employment; and limiting the dissemination of records that ended in a dismissal or a finding of not guilty.

In addition to reforming CORI, incentives for employers to hire ex-offenders should be expanded and better utilized.  The largely underutilized Work Opportunity Tax Credit provides incentives to employers in Massachusetts to hire ex-offenders. It gives $1,500 to employers hiring an ex-offender for at least six months of work within one year of release from supervision or custody. Many employers do not know it exists, and others are under the misconception that the program involves significant paperwork.  The Federal Bonding Program covers employers for any losses due to theft or embezzlement by the bonded employee for six months and can be extended upon request, and may be obtained through the One Stop Career Centers. The bonding program is also underutilized in Massachusetts. 

16.a    The Legislature should adopt a CORI reform package

16.b    The Executive Office of Public Safety and Security should establish a program to educate employers about the Work Opportunity Tax Credit and the Federal Bonding Program

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