Lauren Petit v. Department of Correction (SPR 20250330)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 14, 2025 SPR25/0330 Kate Silvia Director of Communications Department of Correction Legal Division 70 Franklin Street, Suite 600 Boston, MA 02110-1327 Dear Ms. Silvia: I have received the petition of Lauren Petit, Esq., of Prisoners’ Legal Services of Massachusetts, appealing the response of the Department of Correction (Department) to a request for public records. G. L. c. 66, § l0A; see also 950 C.M.R. 32.08(1). On December 17, 2024, Attorney Petit requested the following documents: [1] For each calendar year from 2018 through December 31, 2024, the total number of requests for medical parole (including requests for reconsideration) received by DOC in that calendar year, and of those, a. The total number of individual prisoners for whom requests were received; b. The number for which any Superintendent or Sheriff recommended medical parole; c. The number for which the Commissioner granted medical parole; d. The number for which the Commissioner denied medical parole; e. For 2024 only, the number of those for which the petition was currently pending on December 31, but no decision had been made; f. The number of people who died during the year while a petition or request for reconsideration was pending; g. The number of requests which were for a person incarcerated in a county facility; h. The breakdown of racial/ethnic identity of all prisoners for whom requests were received; i. The breakdown of gender of all prisoners for whom requests were received; j. The number of requests that were for a first-degree lifer; k. The number of requests that were for a second-degree lifer; l. The number of requests that were based on terminal illness; 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 Silvia SPR25/0330 Page 2 February 14, 2025 m. The number of requests based on permanent physical incapacitation; and n. The number of requests based on permanent cognitive incapacitation. [2] Of the total number of grants of medical parole, for each calendar year, a. The racial/ethnic breakdown; b. The gender breakdown; c. The age breakdown (by decade is fine, e.g. # in 20s, # in 30s, etc.); d. The number of grants for people held in county facilities e. The number of grants that were based on terminal illness; f. The number of grants based on permanent physical incapacitation; g. The number of grants based on permanent cognitive incapacitation h. The number of grants that were for a first-degree lifer; i. The number of grants that were for a second-degree lifer; j. The number of people granted medical parole who were released from DOC custody, with racial/ethnic breakdown; k. The number of medically paroled people, with racial/ethnic breakdown, who were released from custody within: i. 7 days from grant ii. 8-14 days from grant iii. 15 days -1 month from grant iv. 1- 3 months from grant v. 3-6 months from grant vi. 6 months to 1 year from grant vii. More than 1 year from grant l. The number of people who died after a medical parole grant but before release from DOC custody; m. The number of grants issued by the commissioner that include a requirement that the person live in a “secure facility;” i. And the definition of “secure facility” when used by the Commissioner in this context; n. As of December 31, 2024, the number of people granted medical parole who have not been released from DOC custody and, for each such person, the date of the Commissioner’s decision to grant medical parole o. The number of times the Commissioner has referred a person’s petition and supporting documents to the Parole Board, pursuant to 501 CMR 17.08(1), prior to issuing her decision to grant; and p. The number of medically paroled people released to the following, with racial/ethnic breakdown: i. a private home; ii. a hospital; iii. a nursing facility; iv. a hospice. [3] Of the total number of denials of medical parole for each calendar year, a. The racial/ethnic breakdown;

Kate Silvia SPR25/0330 Page 3 February 14, 2025 b. The gender breakdown; c. The age breakdown; d. The number of denials for people held in county facilities; e. The number of denials due to a determination that the person did not have a qualifying medical condition; and f. The number of denials due to a determination that the person posed too great a risk to public safety. [4] For each calendar year, the total number of people on medical parole who have had medical parole revoked, broken down by race/ethnicity, and a. How many were revoked from a private home; b. How many were revoked from living at a hospital; c. How many were revoked from living at a nursing facility; d. How many were revoked from living at a hospice; [5] For each calendar year from 2018 through December 31, 2024, the number of requests for medical parole received by DOC- broken down by race, basis of eligibility applied on, and whether or not it was granted- that were filed by, a. DOC staff; b. Medical contractor staff; c. A prisoner on his or her own behalf; and d. An attorney or other advocate on behalf of the prisoner; [6] As of December 31, 2024, the number of people in DOC custody who, according to DOC records or reporting from the medical contractor, a. Have guardianships in place; b. Are considered to be incompetent or to lack the capacity to sign medical releases; c. Are currently reported to be “total care” patients; d. Are currently identified as potentially eligible for medical parole[.] The Department responded on January 15, 2025 and January 24, 2025. Unsatisfied with the Department’s responses, Attorney Petit petitioned this office and this appeal, SPR25/0330, was opened as a result. Subsequently, I learned that the Department provided a further response to Attorney Petit on February 13, 2025. Where this appeal was opened as a result of the Department’s January 15th and January 24th responses, I will now consider this administrative appeal closed. Attorney Petit may appeal the substantive nature of the Department’s February 13th response within ninety (90) days. See 950 C.M.R. 32.08(1).

Kate Silvia SPR25/0330 Page 4 February 14, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Lauren Petit, Esq.