Section 168 Criminal history systems board; meetings; expenses; regulations; powers and duties; executive director and other employees; reports; funds
Section 168. There shall be a criminal history systems board, hereinafter called the board, consisting of the following persons: the secretary of public safety, who shall serve as chairman, the attorney general, the chairperson of the Massachusetts sentencing commission, the chief counsel for the committee for public counsel services, the chairman of the parole board, the commissioner of the department of correction, the commissioner of probation and commissioner of the department of youth services and the colonel of state police, or their designees, all of whom shall serve ex officio, and nine persons to be appointed by the governor for a term of three years, one of whom shall represent the Massachusetts District Attorneys Association, one of whom shall represent the Massachusetts Sheriffs Association, and one of whom shall represent the Massachusetts Chiefs of Police Association, one of whom shall represent private users of criminal offender record information, one of whom shall be a victim of crime, and four of whom shall be persons who have experience in issues relating to personal privacy. Upon the expiration of the term of any appointive member, his successor shall be appointed in a like manner for a term of three years.
The chairman shall hold regular meetings, one of which shall be an annual meeting and shall notify all board members of the time and place of all meetings. Special meetings may be called at any time by a majority of the board members and shall be called by the chairman upon written application of eight or more members. Members of the board shall receive no compensation, but shall receive their expenses actually and necessarily incurred in the discharge of their duties.
The board shall, with the approval of two-thirds of the board members or their designees present and voting, promulgate regulations regarding the collection, storage, access, dissemination, content, organization, and use of criminal offender record information. Rules and regulations shall not be adopted by the board until a hearing has been held in the manner provided by section two of chapter thirty A. After consultation with the department of housing and community development and subject to the provision of said chapter thirty A, the board shall promulgate further regulations governing the collection and use by local housing authorities of such criminal offender record information as they may lawfully receive; provided, however, that such regulations shall provide that the following information be available to housing authorities operating pursuant to chapter one hundred and twenty-one B, upon request, solely for the purpose of evaluating applicants to housing owned by such housing authorities, in order to further the protection and well-being of tenants of such housing authorities: conviction data; and arrest and other data regarding any pending criminal charge; provided, further, that any housing authority receiving such data shall not make, and shall prohibit, any dissemination of such information, for any purpose other than as set forth herein. The board shall have the authority to hear complaints alleging that criminal offender record information, evaluative information, or records of juvenile proceedings have been unlawfully disseminated or obtained, and to issue orders enforcing its rules and regulations, including the imposition of civil fines payable to the commonwealth not to exceed five hundred dollars for each willful violation thereof, after notice and hearing as provided by applicable law.
The board shall provide for and exercise control over the installation, operation and maintenance of data processing and data communication systems, hereinafter called the criminal offender record information system. Said system shall be designed to insure the prompt collection, exchange, dissemination and distribution of such criminal offender record information as may be necessary for the efficient administration and operation of criminal justice agencies, and to connect such systems directly or indirectly with similar systems in this or other states. The secretary of public safety shall, after reviewing final applicants with and securing the approval of the board, appoint an executive director who shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty. Such executive director shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty. Said director shall be responsible for all data processing, for the management of the automated criminal offender record information and teleprocessing system, for the supervision of all personnel associated with that system and for the appointment of all such personnel except as otherwise provided by the board. The board may appoint such other employees, including experts and consultants, as it deems necessary to carry out its responsibilities, none of whom shall be subject to the provisions of chapter thirty-one or of section nine A of chapter thirty.
The board shall make an annual report to the governor and file a copy thereof with the state secretary, the clerk of the house of representatives and the clerk of the senate.
The board is authorized to enter into contracts and agreements with, and accept gifts, grants, contributions, and bequests of funds from, any department, agency, or subdivision of federal, state, county, or municipal government and any individual, foundation, corporation, association, or public authority for the purpose of providing or receiving services, facilities or staff assistance in connection with its work. Such funds shall be deposited with the state treasurer and may be expended by the board in accordance with the conditions of the gift, grant, contribution, or bequest, without specific appropriation.