(1) CORI is defined
in M.G.L. c. 6, § 167 and shall include any records or data in any
communicable form which meet all the following criteria such that they:
(a) are compiled by a Massachusetts criminal
justice agency;
(b) concern an
identifiable individual;
(c) relate
to the nature or disposition of any one of the following:
1. a criminal charge;
2. an arrest;
3. a pre-trial proceeding;
4. any other judicial proceeding;
5. a previous hearing conducted pursuant to
M.G.L. c. 276, § 58A where the defendant was detained prior to trial or
released with conditions under M.G.L. c. 276, § 58A(2);
6. sentencing;
7. incarceration;
8. rehabilitation; or
9. release.
(d) are recorded in a criminal proceeding
that was not:
1. dismissed before arraignment;
or
2. subject to the filing of a
nolle prosequi before arraignment;
(e) concern an individual, who:
1. has reached 18 years of age or
older;
2. prior to September 18,
2013, had reached 17 years of age or older; or
3. was younger than 18 years old, but was
adjudicated as an adult in superior court or adjudicated as an adult after
transfer of a case from a juvenile session to another trial court
department.
(f) concern
offenses that are punishable by incarceration.
(2) CORI shall not include:
(a) information recorded in a criminal
proceeding that was dismissed before arraignment;
(b) information recorded in a criminal
proceeding in which a nolle prosequi was filed before
arraignment;
(c) information
concerning criminal offenses or acts of delinquency committed by any individual
younger than 18 years old on or after September 18, 2013 or 17 years of age
prior to September 18, 2013, unless the individual was adjudicated as an
adult;
(d) photographs,
fingerprints, or other identifying data of an individual used for investigative
purposes, except where it meets the definition of CORI in
803
CMR 2.03;
(e) evaluative information;
(f) statistical and analytical reports and
files in which individuals are not directly or indirectly
identifiable;
(g) intelligence
information;
(h) information
regarding any offenses which are not punishable by incarceration;
(i) booking photographs;
(j) daily police logs, arrest registers, or
other similar records compiled chronologically;
(k) chronologically maintained court records
of published judicial proceedings;
(l) decisions of the Parole Board;
(m) published records of public court or
administrative proceedings;
(n)
published records of public judicial, administrative, or legislative
proceedings;
(o) federal criminal
record information; or
(p) anything
otherwise excluded by law.
(3) Any information in a police incident
report that meets the definition of CORI in
803
CMR 2.03(1) is
CORI.
(4) Booking photographs by
themselves are not CORI, but any information on a booking sheet will be CORI
where it meets the definition of CORI in
803
CMR 2.03(1).
(5) Regardless of whether an individual is
identified by name, an individual may be identifiable for purposes of
803
CMR 2.03(1)(b) if the
person is identifiable in some other manner.
(6) Fingerprints concern an identifiable
individual for purposes of
803
CMR 2.03(1)(b), regardless
of whether the individual is identified by name or in any other manner;
therefore, fingerprints are CORI where they otherwise meet all the criteria in
803
CMR 2.03(1).
