Robert Ferris v. Department of Correction - Souza-Baranowski Correctional Center (SPR 20171350)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor qfRecords September 26, 2017 SPR17/1350 Robert Ferris Dear Mr. Ferris: I have received your correspondence dated September 22, 2017. Based on your correspondence, it is unclear what the basis of your appeal is, as a response was provided to you dated September 19, 2017. Please note that all petitions for appeal shall be in writing and shall specifically describe the nature of the requester's objections to the response or failure to issue a timely response. 950 C.M.R. 32.08(1)(f). \Vith respect to the Records Custodian reassignment, it should be noted fhat Kate Silvia is the Records Access Officer for the Department of Correction, and whereas the facility you requested records from is a Department of Corrections facility, Ms. Silvia was a proper recipient of the correspondence coming from this office. For your convenience, I have enclosed a copy of the Department's September 19th response. Please let me know what you are seeking from this office and we will proceed accordingly. Sincerely, ~~ Rebecca S. Murray Supervisor of Records One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832., Fax: (617) 7:27-591.:1 sec.smte.ma.us/ore • pre(2L;sec.state.ma .. us ' ~

of The Commonwealth Massachusetts Executive Office rf Public S cife!Y & Security Department rf Correction S ouza-Baranowski Correctional Center P. 0. Box 8000 Charles D. Baker s birlry) JviA 01464 Thomas A. Turco, III Governor Commissioner John A. O'Malley Karyn E, Polito Chief of StQjf Lieutenant Governor Paul Dietl Office: (978) 514-6500 Bruce I. Gelb Daniel Bennett Michael G. Grant Fax: (978) 514-6529 Secretary Carol A. Mici Deputy Commissioners Steven Silva Superintendent September 19, 2017 Robert Ferris, W103273 MCI-Shirley, A-1, 4, 4T P.O. Box 1218 Shirley, MA 01464 RE: Records Request Dear Mr. Ferris: fu accordance with a request from the Supervisor of Public Records, I am responding to your records request addressed to Superintendent Steven Silva dated August 20, 2017 for copies of fucident Report Nos. 1604976 and 1604993, as well as four (4) photographs pertaining to Disciplinary Report No. 388336. Please be advised General Laws c. 6, § 167 defines CORI, in relevant part as, "records and data in any communicable form compiled by a Massachusetts 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, other judicial proceedings, previous hearings conducted pursuant to section 58A of chapter 276 where the defendant was detained prior to trial or released with conditions under subsection (2) of section 58A of chapter 276, sentencing, incarceration, rehabilitation, or release." Although you describe your request as one for public records, your request, which solely seeks records pertaining to a specific, identifiable individual relating to the nature of various aspects of that individual's incarceration, is actually seeking CORI, which is not public and exempt from disclosure pursuant to statute. See G.L. c. 4, § 7 (26)(a); G.L. c. 6 § 167 et seq. As such, your request is not a public records request. However, as you are seeking your own CORI, you should contact MCI-Shirley Records Manager Elizabeth Kingman to view the documents, which are filed in your 6-part folder. Note that you may not have copies of these records as they are marked "VIEW ONLY Not for inmate retention". Sincerely, "~(_~~ Vicki Pineda Paralegal cc: Supervisor of Records, Public Records Division (SPR17/1285) Elizabeth Kingman, Records Manager, MCI-Shirley File