Emory Snell, Jr. v. Executive Office of Public Safety and Security - Department of Correction (SPR 20160517)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 19, 2016 SPR16/517 Ms. Nancy White, Esq. General Counsel Executive Office of Public Safety and Security Department of Correction 70 Franklin Street, Suite 600 Boston, MA 02110-1327 Dear Attorney White: I have received the petition of Emory Snell, Jr., appealing the response ofMCI Concord Executive Office of Public Safety and Security (Office) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Snell requested copies records regarding him and two (2) other specifically identified inmates. In a response dated June 28, 2016 you explained that the records Mr. Snell requested constitute Criminal Offender Record Information (CORI). G. L. c. 6, § 167. CORI, which is statutorily exempt from disclosure, is defined as: [A] ny records and data in any communicable form compiled by a criminal justice agency which concern an identifiable individual and relate to the nature or disposition of a criminal charge, an arrest, a pre-trial proceeding, or other judicial proceedings, sentencing, incarceration, rehabilitation, or release. Such information shall be restricted to that recorded as the result of the initiation of criminal proceedings or any consequent proceedings related thereto. Criminal offender record information shall not include evaluative information, statistical and analytical reports and files in which individuals are not directly or indirectly identifiable, or intelligence information. G. L. c. 6, § 167. Please note that the personal status of Mr. Snell in the matter in question does not afford any greater right of access to the requested information, as the Public Records Law does not distinguish between requesters. Access to a record requested pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requester. See Bougas v. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Nancy White, Esq. SPR16/517 Page2 July 19, 2016 Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, any Authorization to Release Information signed by Mr. Snell to "waive the confidential character of any and all records" will not operate to permit the Department to disclose such information. However, some statutes and regulations allow requesters to obtain records in a manner that does not require a request under the Public Records Law. The requested records relate to named individuals against whom criminal proceedings were initiated. The term "initiation of criminal proceedings" is not defined in the CORI statutes. The Department of Criminal Justice Information Services (DCJIS) is conferred with the authority to promulgate and interpret regulations regarding CORI. G. L. c. 6, § 168. In your January 28 response you informed Mr. Snell that the requested records constitute Criminal Offender Record Information (CORI). G. L. c. 6, § 167. The CORI Act does provide for certain individuals to have access to CORI, however, it is not within the jurisdiction of this office to make the determination as to which individuals will be provided access. G. L. c. 6, § 172. Whereas an interpretation of the CORI falls within the authority of The Department of Criminal Justice Information Services (DCJIS), it is recommended that Mr. Snell contact the DCJIS should he seek a determination on this issue. Shawn A. Williams Supervisor of Records cc: Mr. Emory Smell