Rice, Jordan v. Department of Correction (SPR 20260312)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 5, 2026 SPR26/0312 Vicki Pineda Legal Support Coordinator Massachusetts Department of Correction 50 Maple Street Milford, MA 01757 Dear Ms. Pineda: I have received the petition of Jordan M. Rice appealing the response of the Department of Correction (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 22, 2025, Mr. Rice requested the following: [1] Any and all May 12, 2025, video’s from Souza-Baranowski Correctional Center (SBCC) G-1 Unit that depicts your Administration’s sponsored hit on my life by your Prisoner Hitmen (,i.e., [an identified individual], [an identified individual] & [an identified individual]) whom punched, kicked & stabbed me in reprisal of [an identified lawsuit] which is why five C/O’s just watched[;] [2] Any and all May 12, 2025, C/O’s body cam video’s depicting your Administration’s sponsored hit on my life by your said Prisoner Hitmen whom punched, kicked & stabbed me at SBCC in reprisal of my said Lawsuit as five C/O’s justed [sic] watched[.] Previous Appeal This request was the subject of a previous appeal. See SPR25/3800 Determination of the Supervisor of Records (January 5, 2026). In my January 5th determination, I ordered the Department to provide Mr. Rice with a response to his request. Subsequently, I learned that the Department provided a response on December 30, 2025. Unsatisfied with the Department’s response, Mr. Rice petitioned this office and this appeal, SPR26/0312, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public 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

Vicki Pineda SPR26/0312 Page 2 February 5, 2026 records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response, a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Status of the Requestor; Reason for the Request Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See G. L. c. 66, § 10(a); see also Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, Mr. Rice’s interest in obtaining the records shall have no bearing on the public status of the responsive records. The Department’s December 30th Response In its December 30, 2025 response, the Department cited the Criminal Offender Record Information (CORI) Act, as it operates through Exemption (a) of the Public Records Law, to withhold the responsive records from disclosure. Current Appeal In his appeal petition, Mr. Rice argued that he has a unique right of access to the responsive video(s) and that there is no blanket exemption for disclosure. Mr. Rice additionally claimed that the Department has “routinely released videos to the media.” Exemption (a) Exemption (a), known as the statutory exemption, permits the withholding of records that are: specifically or by necessary implication exempted from disclosure by statute

Vicki Pineda SPR26/0312 Page 3 February 5, 2026 G. L. c. 4, § 7(26)(a). A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public’s right to inspect records under the Public Records Law is restricted. See Att’y Gen. v. Collector of Lynn, 377 Mass. 151, 154 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-546 (1977). This exemption creates two categories of exempt records. The first category includes records that are specifically exempt from disclosure by statute. Such statutes expressly state that such a record either “shall not be a public record,” “shall be kept confidential” or “shall not be subject to the disclosure provision of the Public Records Law.” The second category under the exemption includes records deemed exempt under statute by necessary implication. Such statutes expressly limit the dissemination of particular records to a defined group of individuals or entities. A statute is not a basis for exemption if it merely lists individuals or entities to whom the records are to be provided; the statute must expressly limit access to the listed individuals or entities. Criminal Offender Record Information The current definition of CORI is as follows: “Criminal offender record information,” 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. Such information shall be restricted to information recorded in criminal proceedings that are not dismissed before arraignment. 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. Criminal offender record information shall be limited to information concerning persons who have attained the age of 18 and shall not include any information concerning criminal offenses or acts of delinquency committed by any person before he attained the age of 18; provided, however, that if a person under the age of 18 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, information relating to such criminal offense shall be criminal offender record information. Criminal offender record information shall not include information concerning any offenses which are not punishable by incarceration.

Vicki Pineda SPR26/0312 Page 4 February 5, 2026 G. L. c. 6, § 167. Under Exemption (a), the Department stated: Please be advised that the information you seek constitutes criminal offender record information (CORI), as defined by G.L.c.6, §167, not public information. CORI is exempt from disclosure under the public records statute pursuant to G.L.c.4, §7(26)(a) as records that are “specifically or by necessary implication exempted to disclosure by statute.” In addition, video footages depict other incarcerated individuals, making those incarcerated individuals identifiable and subject to protection under CORI. Dissemination of their CORI, which you are not entitled access to, would be a violation of the statute. As such, your request is denied. Based on the Department’s response, it is unclear how the withheld records fall within the definition of CORI. Specifically, it is not clear how all the records constitute “information recorded in criminal proceedings that are not dismissed before arraignment.” See G. L. c. 6, § 167. It should also be noted that any non-exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a). See Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). The Department must clarify these matters. Conclusion Accordingly, the Department is ordered to provide Mr. Rice with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Rice may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Jordan M. Rice Kate Silvia