Access to Evaluative Information by Third Parties

(1) Access to Evaluative Information by Reintegration, Rehabilitation, or Health Agencies. Agencies or individuals responsible for the reintegration, rehabilitation, or health of an individual, may have access to evaluative information pertaining to the individual where access to such evaluative information is necessary to facilitate such reintegration, rehabilitation, or health. Informed consent for such access by the individual is required unless the individual is unable to give such consent. (2) Access to Evaluative Information by Members of an Individual's Family. Members of an individual's family may have access to evaluative information pertaining to the individual, subject to the provision set forth in 103 CMR 157.07(3), provided that the individual has given informed consent for such access. In an emergency, where it is appropriate to notify next of kin, and the individual is unable to give his or her informed consent due to a medical or psychiatric disability, such consent shall not be required. (3) Access to Evaluative Information by Other Agents for the Sole Purpose of Dissemination. Any other person may have access to evaluative information pertaining to the individual, subject to the provision set forth in 103 CMR 157.07(3), provided that the individual has given his or her informed consent for such access; access shall be for the sole purpose of disseminating the evaluative information to the individual where inspection and copying by the individual would cause undue burden. Persons who are presently parolees or inmates, or who have been parolees or inmates within the last five years, shall not be permitted access to evaluative information unless the Superintendent, or the Assistant Deputy Commissioner of Reentry approves such access. (4) Access to Evaluative Information by Victims of Crime. Pursuant to M.G.L. c. 6, § 178A, a victim of crime, a witness, or a family member of a homicide victim, all as defined in M.G.L. c. 258B, may obtain, upon registration approval, all available CORI of the person accused of or convicted of said crime. All information received pursuant to 803 CMR 9.05: Eligibility for 178A CORI Access is confidential and shall not be shared by the victim, witness, or family member with any other individual or entity, except as provided by law. Criminal justice agencies may also disclose to individuals registered for 178A CORI access such additional information, including, but not limited to, evaluative information as such agencies determine, in their discretion, is reasonably necessary for the security and wellbeing of such persons.