Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 157.00 - Access To And Dissemination Of Evaluative Information
Section 157.07 - Access to Evaluative Information by the Individual

Universal Citation: 103 MA Code of Regs 103.157

Current through Register 1531, September 27, 2024

(1) Individuals may request access to their evaluative information in person or by mail. Where practicable, a Massachusetts Department of Correction Application to Review Evaluative Information form shall be used, but failure to use this form by the requesting individual shall not, on its own, prevent access. Current inmates shall direct requests to the screening employee at the correctional institution where such inmate is incarcerated. Former inmates and legal representatives of inmates may submit such requests to the central office screening employee or the appropriate correctional institution.

(2) The screening employee shall review the evaluative information contained in the six-part folder and the IMS database, as applicable, and make a determination regarding review by the individual as follows:

(a) Approval for full review of information requested;

(b) Approval for partial review of information requested; or

(c) Disapproval for review of information requested.

(3) Under no circumstances will the following information be disclosed:

(a) Documents prepared by an agency other than the Department, which contain evaluative information. The screening employee shall notify the individual of the existence of such a document and the name of the agency producing the document;

(b) Information which would pose a direct and articulable threat of harm to a Department employee, any other person, or the security of a correctional institution;

(c) Information which would clearly impair a treatment relationship between a counselor and a client;

(d) Information provided to the Department under a clear and justifiable condition of confidentiality;

(e) Attorney documents not subject to disclosure in a civil or criminal proceeding;

(f) Documents or working papers of the deliberative process of a deciding authority.

(4) The screening employee shall make every effort to disclose all evaluative information which is reasonably segregable from that withheld under 103 CMR 157.07(3).

(5) A Department employee who prepares or compiles a report containing evaluative information may indicate on such report his or her opinion that part or all of its contents should not be disclosed to the individual. The screening employee shall take any such notation into account when determining whether or not to disclose the information.

(6) Within 15 business days of receipt of the request for information, the screening employee shall record his or her determination including the basis for denial of access, if applicable, on the Massachusetts Department of Correction Application to Review Evaluative Information form or written request. This form shall be retained in the individual's six-part folder.

(7) Where full or partial review of evaluative information by the petitioning individual has been approved by the screening employee, access should occur as soon as practicable following the notification of approval. The individual shall be permitted to receive one photocopy of any evaluative information which was approved for release by the screening employee.

(8) To ensure efficiency of operations, the Superintendent may establish guidelines limiting the number of requests an inmate may make for access to his or her evaluative information. Such guidelines shall be subject to approval by the Assistant Deputy Commissioner of Reentry or designee.

(9) Any inmate who is denied access, to all or part of his or her evaluative information, may appeal, in writing, to the DCJIS within 30 days of such denial.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.