Dissemination of CORI, evaluative information, and intelligence information

120 CMR: PAROLE BOARD

120 CMR 500.00: DISSEMINATION OF CORI, EVALUATIVE INFORMATION, AND INTELLIGENCE INFORMATION

Section

500.01: General Provisions 500.02: Dissemination of Information to the Public 500.03: Dissemination of CORI to the Subject 500.04: Dissemination of CORI to Registered Individuals 500.05: Dissemination to Criminal Justice Agencies 500.06: Dissemination of Evaluative Information to the Offender 500.07: Dissemination of Evaluative Information to Criminal Justice Agencies 500.08: Dissemination of Intelligence Information

500.01: General Provisions

As a criminal justice agency responsible for maintaining criminal offender record information (CORI), the Parole Board will disseminate CORI only in accordance with .00 and 803 CMR 2.00: Criminal Offender Record Information (CORI).

500.02: Dissemination of Information to the Public

(1) The Parole Board shall make available to any person, upon request, information that it has the primary responsibility for creating and maintaining regarding custody status and placement within the criminal justice system as provided in M.G.L. c. 6, § 172. This information is limited to whether a criminal offender currently: (a) is confined in a correctional institution; (b) is eligible for parole on an estimated date; or (c) has begun parole supervision on a specified date; and has ended, or is expected to end parole supervision on a specified date.

(2) The Parole Board may disseminate CORI that is specifically related to and contemporaneous with the search for or apprehension of any person.

(3) Except as provided in .02(1) and (2), CORI and evaluative information will not be disseminated to individuals without service of a valid subpoena and a court order.

(4) The Parole Board may make available a summary, which may include references to criminal offender record information or evaluative information, concerning a decision to release an individual, to deny such release, or to change an individual's custody status. M.G.L. c. 6, § 172(j).

500.03: Dissemination of CORI to the Subject

Each individual shall have the right to inspect CORI which refers to him or her as provided in M.G.L. c. 6, § 175. Such dissemination shall be in accordance with 803 CMR 7.10: Dissemination of Criminal Offender Record Information (CORI) to a Criminal Justice Agency (CJA), and subject to redaction if necessary to protect anyone from harm or to protect the source of information. See M.G.L. c. 127, § 130; c. 66A; and c. 4, § 7(26).

500.04: Dissemination of CORI to Registered Individuals

The Parole Board will notify victims who are CORI-registered of the offender's parole eligibility and parole status in accordance with 120 CMR 400.00: Victim Input and Notification of Parole Hearings and Decisions and M.G.L. c. 258B.

500.05: Dissemination to Criminal Justice Agencies

The Parole Board shall disseminate CORI to criminal justice agencies. M.G.L. c. 6, § 172.

(MA REG. # 1330, Dated 1-13-17)

120 CMR: PAROLE BOARD

500.06: Dissemination of Evaluative Information to the Offender

(1) Upon written request by the offender or his or her representative, with verified written authority, the Parole Board shall disseminate evaluative information generated by it unless disclosure of such information falls under one of the exemptions listed in .06(2).

(2) The following evaluative information shall not be disseminated pursuant to M.G.L. c. 127, § 130, c. 4, § 7(26), and c. 66A: (a) information which would pose a direct and articulable threat to the safety of an individual; (b) information which would pose a direct and articulable threat to the security of a correctional facility; (c) information deemed confidential by the Parole Board; (d) documents or working papers of the deliberative process of the hearing panel.

(3) All efforts shall be made to disclose evaluative information which is reasonably segregable from documents withheld under .06(2).

500.07: Dissemination of Evaluative Information to Criminal Justice Agencies

The Parole Board may disseminate evaluative information to criminal justice agencies that is necessary for the discharge of their statutory responsibilities.

500.08: Dissemination of Intelligence Information

The Parole Board shall disclose intelligence information only to law enforcement and criminal justice agencies.

REGULATORY AUTHORITY

.00: M.G.L. c. 27, § 5; c. 6, § 172 .