Limitations on Use of Information and Documents by the Committee and Committee Members

Nothing contained in 103 CMR 179.00 shall be construed as limiting or constraining Committee members from properly obtaining or accessing non-public information when such individual is acting as a Committee member. In no instance, however, shall any member of the Committee use any non-public information, data, and/or records obtained through or as a result of any member's work on the Committee, other than in the manner specified in M.G.L. c. 127, § 39G and 103 CMR 179.00. To ensure that the rights of all inmates, including but not limited to, privacy rights and rights under M.G.L. c. 6, §§ 167 through 178(b), are protected, in addition to any and all requirements of the Open Meeting Law, M.G.L. c. 30A, §§ 18 through 25 and 940 CMR 29.00: Open Meetings, at any Committee meeting, regardless of whether the Committee meets in a session open to the public or in executive session, the following requirements and restrictions apply. Unless a written waiver is obtained from the inmate, neither the Committee nor any Committee member shall use, cite, enter as an exhibit, or rely on, any non-public document that identifies any inmate by name or inmate number or which, even if the inmate's name or inmate number is not used, would otherwise allow the identity of the inmate to be determined. Similarly, unless a written waiver is obtained from the inmate, neither the Committee nor any Committee member shall identify any inmate by name or otherwise divulge information of such a nature that would allow the identity of the inmate to be determined. Any document that the Committee or Committee member deems necessary to use, cite, enter as an exhibit, or rely on shall be redacted prior to its use at any meeting in such a manner so that the identity of any inmate cannot be determined. Pursuant to M.G.L. c. 30A, § 21(a)(1), the Committee shall not discuss the reputation, character, physical condition, or mental health of any identified inmate at any meeting unless a written waiver is obtained from the inmate. All requested documents obtained by the Committee or any Committee member pursuant to 103 CMR 179.16 shall be kept and maintained by the Chair of the Committee or designee.