Lauren Petit v. Department of Correction - Legal Division (SPR 20210680)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 2, 2021 SPR21/0680 Kate Silva Public Records Officer Department of Correction 50 Maple Street Milford, MA 01757 Dear Ms. Silvia: I have received the petition of Lauren Petit, Esq. of Prisoners' Legal Services of Massachuetts appealing the response of Department of Correction (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 6, 2021, Attorney Petit requested the following records: “1. The number of people incarcerated in DOC custody who have died during the period from March 1, 2020 to the day the information is provided; a. For each death, please identify i. whether the person was serving a criminal sentence, civilly committed, awaiting trial or otherwise held in DOC custody; ii. the date of death, place of death, cause of death, facility where incarcerated (if different than place of death), age, race and gender of the deceased person. 2. The number of people incarcerated in DOC custody who, due to Covid-19, have gone on outside hospital trips and the number who, due to Covid-19, have been admitted inpatient at outside hospitals during the period from March 1, 2020 to the day the information is provided; a. For each instance above, please identify i. whether the person was serving a criminal sentence, civilly committed, awaiting trial or otherwise held in DOC custody; ii. the beginning and ending dates of hospitalization, the hospital the person was sent to for treatment, the prison the person was incarcerated at prior to hospitalization, age, race and gender of the hospitalized person. 3. The number of people in DOC custody to whom Commissioner Mici granted medical parole during the period from March 1, 2020 to the day the information is provided. a. The number of those people whose medical parole petitions had been filed by DOC staff; b. The number of those people whose medical parole petitions had been filed by Wellpath staff; c. The number of those people who were granted medical parole on a second petition or reconsideration request; d. The number of those people who were suffering One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Kate Silva SPR21/0680 Page 2 April 2, 2021 from Covid-19 at the time of the medical parole grant; e. The number of those people who were granted medical parole on the basis of their medical vulnerability to death from Covid-19; f. The number of those people whose medical parole release plan was to remain at the hospital they were in at the time of the grant; g. The number of those people who died within a week after medical parole was granted[.]” On January 21, 2021, The Department responded and produced responsive records for parts 1 and 3 of the request. Unsatisfied with the Department’s response, Attorney Petit petitioned this office and SPR21/0680 was opened as result. Based upon a conversation between a Public Records Division staff member and a Department representative, it is my understanding that the Department intends on providing a subsequent response to Attorney Petit. Accordingly, the Department is ordered to provide Attorney Petit with a response to his request in a manner consistent with the Public Records Law and its Access Regulations within 10 business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Attorney Petit may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Lauren Petit, Esq.