S153CORI ST.pdf

Chapter I

Administration &

Management

Policy #:

S153

References:

MGL c.6, §§ 167-178

103 CMR 910.07; 916.01; 918.08

803 CMR 2.00, et seq.

3-ALDF-1F-02

ACI-3-4092- 4096

Case Records

Criminal Offender Record

Information

Date of Issue:

January 1, 2000

Approved:

Steven W. Tompkins, Sheriff Effective:

January 2015

Purpose

To preserve and protect the confidentiality of criminal offender record information in accordance with all applicable statutes and regulations.

Policy Statements

The Department is one of many agencies authorized to disseminate criminal offender record information in accordance with G.L. c.6 §167-178, et seq., and is therefore required to follow the rules and regulations that have been enacted in order to protect the security and privacy of individuals having criminal records. Failure to comply with this law can result in civil and criminal penalties.

I. Criminal Offender Record Information (CORI)

CORI shall include any factual information compiled by a criminal justice agency about criminal offenders which concerns an identifiable individual and relates to the nature or disposition of a criminal charge. More specifically, CORI is any information relating to an individual's arrest, indictment, warrants, bail amounts, arraignments, pre-trial proceedings, sentencing, incarcerations, rehabilitation or release.

II. Dissemination of CORI/Other Information

A. Pursuant to G.L. c.6, §172, CORI shall only be disseminated by authorized staff:

1. to a member of a certified criminal justice agency;

2. to a non-criminal justice agency certified by statute;

3. upon the completion of a third party release form, to:

a) the individual offender;

b) his/her attorney;

c) law students and paralegals duly authorized by the individual's attorney;

d) persons furthering the rehabilitation or health of an individual where such disclosures are necessary to facilitate his rehabilitation or health;

e) inmate’s family members; and

f) any other individual as designated by the inmate.

4. to persons authorized pursuant to a court order (subpoena duces tecum); and

S153 Criminal Offender Record Information

5. to victims and witnesses certified by the Department of Criminal Justice

Information Services (DCJIS).

B. The Department may also disclose other information, including evaluative information, to victims and witnesses whenever the General Counsel or designee believes it is reasonably necessary for the security and well-being of such person.

C. Employees shall not access or disseminate CORI/Other Information unless required to do so in the course of their duties.

Procedures

I. Dissemination of CORI/Other Information

A. Verification of Identification

In order to ensure confidentiality, the identity of all persons seeking access to CORI must be verified by the person making the release, including those individuals who seek access to his/her own file.

1. Verify the identity of all persons requesting to inspect CORI through a picture ID;

the identity of an incarcerated individual requesting his/her own information may be verified by a Notary Public.

2. If the release is to be communicated to a criminal justice agency or the court by telephone, verification of the identity of the caller is to be accomplished by obtaining the caller’s telephone number and calling them back;

3. If the person requesting the information is a law student, paralegal, or other legal representative, they must present a letter on official letterhead from the attorney or firm for which they work;

4. If the person seeking to inspect CORI is from an agency, verify that the agency is one authorized to receive such information; and,

5. If the person is a victim, witness, or family member of a homicide victim, verify that the DCJIS has certified them. That person’s date of birth and social security number should also be obtained for additional verification.

B. CORI Requests

Each division or office authorized to release CORI shall maintain the informational request on file. When a fax or request for information is obtained the employee releasing the CORI is to ensure the following information obtained:

1. Date and time;

2. Requesting agency;

3. First and last name of requesting agency representative;

4. First and last name of the offender;

5. Stated purpose; and

6. First and last name of the Department employee releasing the information.

C. Third Party Release

1. When the person is making a “third party release,” or an inmate is requesting to view their own record, an authorization form to inspect or copy institutional or medical record information must be completed (Form 1A or 1B).

2. The completed form must be forwarded immediately to the Records Office for

S153 Criminal Offender Record Information review and approval. Copies of approved and processed release forms are to be filed in the inmate’s record by the Records Office.

3. Individuals seeking to inspect a criminal record are to be advised that approval may take at least forty-eight (48) hours, and a charge of twenty-five cents ($ 0.25) per page will apply for copies made.

II. Inspecting Evaluative Information

A. Release of Evaluative Information

1. Evaluative information concerns records, data, or reports on identifiable individuals charged with a crime and compiled by criminal justice agencies.

Evaluative information appraises the mental condition, physical condition, intent of social adjustment and rehabilitative progress to be used in connection with bail, pre-trial or post-release proceedings, sentencing correction, rehabilitative planning, probation and parole.

2. Dissemination of evaluative information shall conform to the provisions set forth under this policy.

3. An individual is entitled to have his/her evaluative information made available within thirty (30) days of a written request at a cost of twenty-five cents ($ 0.25) per page (unless s/he is indigent), unless it is determined by the Records Office

(after consultation with the General Counsel or designee) that the requested evaluative information would either:

a) pose a direct and articulated threat to a specific individual; or

b) pose a direct and articulated threat to the security of the facility.

4. If the General Counsel or designee determines that such a threat exists, it must be outlined in a certificate and maintained by the General Counsel.

5. Every time an individual that has been denied access to their record makes a subsequent request for his/her evaluative information, the General Counsel or designee must respond in writing with the decision to release or withhold the information in whole or in part. An individual denied access to his/her evaluative information may appeal that decision within thirty (30) days of such denial.

III. Information Not Protected By CORI

A. Public Information

The following information is not protected by statute and may be disseminated to individual members of the public in response to specific inquiries regarding whether or not an individual:

1. is in custody and his/her bail status;

2. resides in a correctional or other related facility;

3. is on furlough, parole, probation or pre-release status; and

4. is a participant in a rehabilitative or education program.