Chapter 6

Section 167A. (a) There shall be within the executive office a department of criminal justice information services which shall be under the supervision and control of a commissioner. The commissioner shall be appointed by the secretary and shall be a person of skill and experienc…

Section 168. (a) There shall be a criminal record review board within the department of criminal justice information services consisting of the following persons: the secretary of public safety and security, who shall serve as chair, the attorney general, the secretary of labor a…

Section 168A. The commissioner of probation, the commissioner of corrections, the chairman of the parole board and the county commissioners of counties other than Suffolk county shall transmit to the department in such form and at such times as the board shall require, detailed a…

Section 168B. The executive director of the department shall promulgate rules and regulations to ensure the prompt collection, exchange, dissemination and distribution of firearms record information in accordance with sections 121 to 131P, inclusive, of chapter one hundred and fo…

Section 168C. (a) Each public or private degree-granting post-secondary institution of higher education shall submit, on an annual basis, a uniform crime report, consistent with the Federal Bureau of Investigation's Uniform Crime Report, to the department. Said board shall file a…

Section 168D. (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise: ''Institution'', a public or independent institution of higher education located in the commonwealth and authorized to grant de…

Section 168E. (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise: ''Institution'', a public or independent institution of higher education located in the commonwealth and authorized to grant de…

Section 17. The armory commission, the art commission, the executive office for administration and finance, the commissioners of uniform state laws, the public bequest commission, the state ballot law commission, the Schooner Ernestina commission, the trustees of the state librar…

Section 171. The department shall promulgate regulations (a) creating a continuing program of data auditing and verification to assure the accuracy and completeness of criminal offender record information; and (b) assuring the security of criminal offender record information from…

Section 171A. In connection with any decision regarding employment, volunteer opportunities, housing or professional licensing, a person in possession of an applicant's criminal offender record information shall provide the applicant with the criminal history record in the person…

Section 172. (a) The department shall maintain criminal offender record information in a database, which shall exist in an electronic format and be accessible via the world wide web. Except as provided otherwise in this chapter, access to the database shall be limited as follows:…

Section 172A. The commissioner shall assess a fee for each request for criminal offender record information or self-audit, according to a fee structure established by the secretary of public safety and security. No fee shall be assessed for a request made by a victim of crime or …

Section 172B. Notwithstanding any provision of section one hundred seventy-two of this chapter or of any other provision of law, the following information shall be available to the department of children and families and the department of youth services, upon request, for the pur…

Section 172C. For purposes of this section, the following words shall, unless the context requires otherwise, have the following meanings:— ''Elderly person'', an individual who is sixty years of age or over. ''Disabled person'', a person who is mentally retarded, as defined by s…

Section 172D. Notwithstanding any provision of section 172 or of any other provision of law, the following information shall be available to the IV–D agency as set forth in chapter 119A, upon request, for purposes connected with establishing paternity, or establishing, modifying …

Section 172E. Notwithstanding any provision of section 172 to the contrary, criminal offender record information shall be available to a long term care facility, as defined in section 72W of chapter 111, an assisted living residence as defined in section 1 of chapter 19D, and to …

Section 172F. Notwithstanding section 172, the following information shall be available, upon request, to the department of early education and care for the purposes of evaluating any residence, facility, program, system or other entity licensed under chapter 15D whether public o…

Section 172G. Notwithstanding section 172, section 60 or 60A of chapter 119, or any other general or special law to the contrary, operators of camps for children shall obtain all available criminal offender record information and juvenile data as found in the court activity recor…

Section 172H. Notwithstanding section 172 or any other general or special law to the contrary, any entity or organization primarily engaged in providing activities or programs to children 18 years of age or less, shall obtain all available criminal offender record information fro…

Section 172I. Notwithstanding section 172 or any other general or special law to the contrary, taxicab companies that have contracted to provide transportation of pupils pursuant to section 7A of chapter 71 shall submit the names of any employee who may have direct and unmonitore…

Section 172J. Notwithstanding section 172 or any other general or special law to the contrary, the commissioner of banks may obtain all available criminal offender record information as found in the court activity record information from the department of all applicants for licen…

Section 172K. Notwithstanding section 172 or any other general or special law to the contrary, any children's camp or school that plans to employ or accept as a volunteer for a climbing wall or challenge course program, a person who is or has previously been the subject of a reco…

Section 172L. Navigator organizations certified by the commonwealth health insurance connector under 42 U.S.C. § 18031(i) shall obtain from the department all available criminal offender record information before accepting any person as a new employee. Navigator organizations sha…

Section 172M. Notwithstanding section 172 or any other general or special law to the contrary, a person licensed pursuant to section 122 of chapter 140 shall obtain from the department all available criminal offender record information prior to accepting a person as an employee t…

Section 172N. State and political subdivision licensing authorities shall provide in the licensing requirements for a professional license a list of the specific criminal convictions that are directly related to the duties and responsibilities for the licensed occupation that may…

Section 172O. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Care'', the provision of care, treatment, education, training, instruction, supervision or recreation to children; provided, that ca…

Section 173. The commissioner may approve research programs to obtain criminal offender record information; provided, however, that said research programs shall not publish any information that either identifies or tends to identify the subject of the criminal offender record inf…

Section 174. The board shall supervise the participation by all state and local agencies in any interstate system for the exchange of criminal offender record information, and shall be responsible to assure the consistency of such participation with the terms and purposes of sect…

Section 175. A subject shall have the right to inspect, and if practicable, obtain a copy of all criminal offender record information from the department that refers to the subject. The commissioner shall publish and furnish, upon request, guidelines for individuals on how to cor…

Section 176. Any individual or agency aggrieved by any order or decision of the board may appeal such order or decision to the superior court in the county in which he is a resident or in which the board issued the order or decision from which the individual or agency appeals. Th…

Section 177. Any aggrieved person may institute a civil action in superior court for damages or to restrain any violation of sections one hundred and sixty-eight to one hundred and seventy-five, inclusive. If it is found in any such action that there has occurred a willful violat…

Section 178. An individual or entity who knowingly requests, obtains or attempts to obtain criminal offender record information or a self-audit from the department under false pretenses, knowingly communicates or attempts to communicate criminal offender record information to any…

Section 178A. A victim of crime, witness or family member of a homicide victim, all as defined by section 1 of chapter 258B, may obtain all available criminal offender record information of the person accused or convicted of said crime. Criminal justice agencies may also disclose…

Section 178B. The restrictions on the dissemination of criminal offender record information as provided in this chapter shall cease to exist at the death of the individual for whom a criminal justice agency has maintained criminal offender record information.

Section 178C. As used in sections 178C to 178P, inclusive, the following words shall have the following meanings:— ''Agency'', an agency, department, board, commission or entity within the executive or judicial branch, excluding the committee for public counsel services, which ha…

Section 178D. The sex offender registry board, known as the board, in cooperation with the department, shall establish and maintain a central computerized registry of all sex offenders required to register pursuant to sections 178C to 178P, inclusive, known as the sex offender re…

Section 178E. (a) Within 5 days of receiving upon sentence any sex offender required to register under sections 178C to 178Q, inclusive, the agency which has custody of the sex offender, including the department of correction, the department of youth services and each of the hous…

Section 178F. Except as provided in section 178F1/2 for a sex offender finally classified by the board as a level 2 or a level 3 sex offender, a sex offender required to register pursuant to sections 178C to 178P, inclusive, shall annually verify that the registration data on fil…

Section 178G. The duty of a sex offender required to register pursuant to this chapter and to comply with the requirements hereof shall, unless sooner terminated by the board under section 178L, end 20 years after such sex offender has been convicted or adjudicated or has been re…

Section 178H. (a) A sex offender required to register pursuant to this chapter who knowingly: (i) fails to register; (ii) fails to verify registration information; (iii) fails to provide notice of a change of address; or (iv) who knowingly provides false information shall be puni…

Section 178I. Any person who is 18 years of age or older and who states that he is requesting sex offender registry information for his own protection or for the protection of a child under the age of 18 or another person for whom the requesting person has responsibility, care or…

Section 178J. (a) A person who requests sex offender registry information shall: (1) be 18 years of age or older; (2) appear in person at a city or town police station and present proper identification; (3) require sex offender registry information for his own protection or for t…

Section 178K. (1) There shall be, in the executive office of public safety and security, a sex offender registry board which shall consist of seven members who shall be appointed by the governor for terms of six years, with the exception of the chairman, and who shall devote thei…

Section 178L. (1) Upon review of any information useful in assessing the risk of reoffense and the degree of dangerousness posed to the public by the sex offender, including materials described in the board guidelines and any materials submitted by the sex offender, the board sha…

Section 178M. An offender may seek judicial review, in accordance with section 14 of chapter 30A, of the board's final classification, reclassification and registration requirements. The court shall, if requested, appoint counsel to represent the sex offender in the proceedings i…

Section 178N. Information contained in the sex offender registry shall not be used to commit a crime against a sex offender or to engage in illegal discrimination or harassment of an offender. Any person who uses information disclosed pursuant to the provisions of sections 178C t…