The Real Cost of Prisons Weblog

The order in part states:

NOW, THEREFORE, I, Deval L. Patrick, Governor of the
Commonwealth of Massachusetts, by virtue of the authority vested in
me by the ConstittioPna, rt 2. c. 2, § 1, Art. 1, do hereby order as
follows:
Section 1. It shall be the policy of the Executive Department
with respect to employment decisions that a criminal background
check will only occur, and its results will only be considered, in those
instances where a current or prospective employee shall have been
deemed otherwise qualified and the content of a criminal record is
relevant to the duties and qualifications of the position in question.
Such instances will include, without limitation, those in which a
criminal conviction creates a statutory disqualification for the posi.tion,
or the position requires interaction with vulnerable populations and a
criminal background check is necessary to ensure that the applicant
does not pose a public safety risk.

In implementing this policy, the employer should consider the
nature and circumstances of any past criminal conviction; the date of
the offense; the sentence imposed and the length of any period of
incarceration; any reasonably available information concerning
compliance with conditions of parole or probation, including orders of
no contact with victims and witnesses; the individual's conduct and
experience in the time since .the offense, including, but not limited to,
educational or professional certifications obtained since the time of
the offense or other evidence of rehabilitation; and the relevance of
the conviction to .the duties and qualifications of the position in
question. Charges that did not result in a conviction will be
considered only in circumstances in which the nature of the charge
relates to sexual or domestic violence against adults or children,
consistent with Executive Order No. 491, Establishing a Policy of
Zero Tolerance for Sexual Assault and Domestic Violence, or
otherwise indicates that the matter has relevance to the duties and
responsibilities of the position in question.

Each agency in the Executive Department shall examine and, if
necessary, amend its employment practices and policies to reflect the
policy set forth in this Section and in Executive Order No. 491. The
Secretary of each Executive Office shall be responsible for ensuring
that each agency within her Secretariat conducts this review. All
Secretaries shall report to the Commonwealth's Chief Human
Resources Officer the results of their review and the steps taken to
comply with this policy no later than March 31, 2008. Thereafter, the
Chief Human Resources Officer shall take whatever actions are
necessary and appropriate to ensure that this policy is implemented
fully.

Section 2. The EOHHS, in consultation with agencies under
the Secretariat and the Massachusetts Office for Victim Assistance,
shall promulgate a consolidated set of regulations that provide clear
guidelines to be followed by EOHHS and its agencies, as well as their
vendor programs, when reviewing the criminal records of current or
prospective employees.
Without compromising the Secretariat's commitment to ensure
the safety and security of .the vulnerable populations it serves, the
EOHHS regulations shall ensure rehabilitated individuals with criminal
backgrounds be given a fair opportunity to be employed and
reintegrate successfully into the workforce.
The EOHHS regulations shall ensure that the rights of current
and prospective employees are protected by (a) providing individuals
with information regarding EOHHS hiring policies and procedures
regarding CORl and individuals' rights to dispute the accuracy and
relevancy of any CORI; (b) creating a systematic means for
employers to document all factors taken into consideration, including
evidence of rehabilitation, in making employment decisions; (c)
specifying strong penalties for vendors that fail to comply with any
requirement; and (d) streamlining and simplifying,