103 CMR, § 131.06

Current through Register 1533, October 25, 2024
Section 131.06 - Definitions

The following correctional terminology is contained within this policy and is defined for news media reference when reporting correctional issues:

Altercation. A contained, isolated disruption between two or more individuals.

Commissioner. The Commissioner of the Massachusetts Department of Correction.

Consent. A voluntary agreement to participate in a particular act.

Correctional Institution. Any Department of Correction facility. A correctional facility is designated with a security level rating of pre-release, minimum, medium or maximum.

Criminal Offender Record Information (CORI). CORI is defined as records and data in any communicable form compiled by a criminal justice agency which concerns an identifiable individual and relates to the nature or disposition of a criminal charge, an arrest, a pre-trial proceeding, other judicial proceeding, sentencing, incarceration, rehabilitation, or release.

CORI is Limited to:

(a)Records and Data whichset forth the fact or results of an individual's movement through any one or more of the formal stages of the criminal justice process; and,

(b)Factual Statements about the occurrence or outcome of an arrest, indictment, warrant, arraignment, bail, continuance, default, trial, appeal, disposition, sentence, probation, commitment, parole, commutation, release, termination or revocation of probation or parole, pardon, or similar occurrences or outcomes.

CORI shall not Include:

(a)Evaluative Information - e.g., classification reports, psychiatric reports - as defined in 103 DOC 153.01(4), available at http://www.mass.gov/doc/policy;

(b)Intelligence or Investigative Information - e.g., informant reports, surveillance reports - as defined in 103 DOC 153.01(5); and

(c) statistical reports in which individuals are not identified and from which identities are not ascertainable."

Department. The Massachusetts Department of Correction.

Department of Correction Spokesperson. The director of communications and outreach, the director of public affairs and/or someone specifically authorized by the Commissioner to speak on behalf of the agency.

Director of Communications and Outreach. The person responsible for fostering and maintaining the Department's communication functions through out state government, among the agency's staff, as well as with the media, the general public and other interested stakeholders.

Director of Public Affairs. The chief spokesperson for the Department responsible for maintaining a liaison between the Department and the news media and for providing technical assistance to superintendents and division heads concerning news media information or issues.

Disturbance. An occurrence or event that interrupts the daily orderly operation of a correctional institution and/or precipitates a crisis.

Documentary. A television, audio recording, or motion-picture presentation, usually consisting of actual news films accompanied by narration of factual, political, social or historical events or circumstances concerning institutional life and/or correctional issues.

Employee. Any person employed by the Massachusetts Department of Correction.

Escape. The act by which an inmate in the custody of the Department, leaves the confines of a correctional institution, or the custody of an escorting officer(s), and/or fails to return from an authorized release to the community at the designated time.

Evaluative Information. Records, data, or reports, concerning individuals charged with crime and compiled by criminal justice agencies, which appraise mental condition, physical condition, extent of social adjustment, rehabilitative progress and the like, and which are primarily used in connection with bail, pre-trial or post-trial release proceedings, sentencing, correctional and rehabilitative planning, probation or parole.

Hostage Situation. A disturbance in which one or more persons are being held against their will by an individual(s) until certain terms are fulfilled.

Inmate. An individual, whether in pre-trial, un-sentenced, or sentenced status, who is confined in a correctional institution, including those patients admitted for evaluation or commitment to the Bridge water State Hospital, the Massachusetts Treatment Center or the Massachusetts Alcohol and Substance Abuse Center.

Intelligence Information - Intelligence information is defined as:

(a) records and data compiled by a criminal justice agency for the purposes of criminal investigation, including reports of informants, investigators, or other persons, or any type of surveillance associated with an identifiable individual; and,

(b) records and data compiled by a criminal justice agency for the purposes of investigating a substantial threat to an individual, or to the order or security of a correctional facility. Intelligence information is not included in the definition of CORI.

Investigation. An examination into allegations, as well as actual occurrences of wrong doing or improprieties by inmates or employees.

Medical Data. That part of an individual's health record which is continuously maintained by health care providers, including, physical examination history, nature of complaint, inpatient and outpatient charts, admitting and other diagnoses, consultations, diagnostic test results, nurses' notes, medication logs, etc.

News Media Representatives. News media representatives are persons whose principal employment is gathering and reporting news for a:

(a) Radio or television program whose primary purpose is news reporting for a licensee of the Federal Communications Commission (FCC);

(b) Newspaper covering general interest information and circulated to the public;

(c) Magazine that has a national circulation is sold by mail subscriptions or on newsstands to the general public;

(d) National or international news service, including wire services; and

(e) Websites whose primary purpose is news reporting.

Freelance reporters and journalists are included as members of the news media, however, they may be required to verify their assignment with a letter from the outlet that they represent.

News Conference. A pre-arranged event involving the release of information to which members of the news media are invited, generally including a question and answer period.

News Release. A statement or announcement relating to Department official public business, intended for distribution to the news media for publication and/or broadcast.

Routine Information. All information concerning normal operations and daily business of the Department of Correction and its facilities.

Superintendent. The chief administrative officer of a state correctional institution.

103 CMR, § 131.06