Code of Massachusetts Regulations 122 CMR - SOLDIERS' HOME IN MASSACHUSETTS (CSH)
Here’s an overview of 122 CMR – Soldiers’ Home in Massachusetts (CSH), specifically Title 122 CMR 1.00 – Criminal Offender Record Checks:
📜 Purpose & Authority
The regulation implements procedures for criminal record (CORI) checks on applicants (employees, volunteers, trainees) at the Soldiers’ Home in Massachusetts (also known as CSH) and its funded programs, aiming to protect the vulnerable population they serve. It's issued under Massachusetts General Laws chapter 115A (mass.gov).
Key Sections
• 1.01 Purpose
Standardizes policy and procedures for CORI screening at CSH and its funded programs (mass.gov).
• 1.02 Policy
Mandates CORI checks to ensure individuals with certain convictions or pending charges don’t pose a risk .
• 1.03 Scope
Applies to candidates with potential unsupervised contact with residents—this includes employment, volunteering, trainees, and at discretion, even interns or students (mass.gov).
• 1.05 Definitions
Defines:
Candidate as anyone seeking positions with unsupervised client contact,
CORI Investigation,
Presumptive Disqualifications (lifetime, ten-year, five-year, discretionary),
Final Disposition, among others (mass.gov).
• 1.09–1.10 Investigations & Findings
Candidates complete a CORI Supplement form.
“No record” results are valid for 45 business days.
If records show disqualifying offenses (lifetime, ten, five-year, discretionary), candidates are notified and hiring authorities follow specific review procedures (mass.gov).
• 1.11–1.12 Disqualification & Review
Lifetime disqualifications include severe crimes (e.g., murder, armed robbery) per Table A.
Ten- and five-year disqualifications apply based on offense and time elapsed, per Tables B & C.
Discretionary disqualifications allow some offenses to be evaluated case-by-case (Table D).
A careful review process considers factors like offense age, candidate age at offense, rehabilitation, role relevance, etc. (mass.gov).
• Tables A–D
List specific offenses tied to each disqualification category, e.g.:
Table A: lifetime (e.g. armed assault, child injury),
Table B: ten-year (e.g. involuntary manslaughter, certain drug or weapon crimes),
Table C: five-year (e.g. arson, firearm discharges),
Table D: discretionary (e.g. controlled substance offences, forgery) (mass.gov).
• 1.13–1.16 Other Provisions
Exemptions: Certain programs may seek waivers.
Dissemination: CORI data only to certified personnel; misuse carries penalties.
Audits: EOHHS periodically reviews compliance.
Incidents: Any harm allegations involving CORI-positive staff must be reported (mass.gov).
• 1.17 Severability
If any provision is struck down, the rest remain in effect .
🗂️ Status
Officially current through Massachusetts Register No. 1543 (March 14, 2025) (regulations.justia.com).
For finalized, official wording, consult the State Bookstore (122 CMR is available for purchase at $1.05) or the Secretary of State’s official CMR publications (sec.state.ma.us).
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