Section 171 Regulations generally; continuing education program; evaluative information
Section 171. The board shall promulgate regulations (a) creating a continuing program of data auditing and verification to assure the accuracy and completeness of criminal offender record information; (b) assuring the prompt and complete purging of criminal record information, insofar as such purging is required by any statute or administrative regulation, by the order of any court of competent jurisdiction, or to correct any errors shown to exist in such information; and (c) assuring the security of criminal offender record information from unauthorized disclosures at all levels of operation.
The board shall cause to be initiated for employees of all agencies that maintain, receive, or are eligible to maintain or receive criminal offender record information a continuing educational program in the proper use and control of such information.
The content and use of evaluative information, and the inspection, receipt of copies and challenge of such information by an individual shall not be governed by the provisions of this act except as provided in this paragraph. Each criminal justice agency holding evaluative information shall, pursuant to section two of chapter thirty A, promulgate regulations to govern the content and use of evaluative information, and to govern, limit or prohibit the inspection, receipt of copies and challenge of such information by an individual referred to therein. Such regulations shall, at a minimum, provide that an agency which generates evaluative information shall make such information available within a reasonable time period upon request to the individual referred to therein unless such information falls within such exemptions as the agency shall establish in said regulations. No agency shall establish an exemption for evaluative material unless disclosure of such information would pose a direct and articulable threat to the safety of any individual or the security of a correctional facility, and such threat shall have been detailed in a certificate which is kept with such evaluative information. An agency shall reply in writing, upon the request of an individual for the release of their evaluative information. Said writing shall include the agency’s decision to release or withhold the evaluative information in whole or in part and a listing of all sources of origin for all evaluative information generated by the custodial agency. Any individual aggrieved by an agency’s decision denying access to evaluative information may appeal the denial in writing within thirty days thereafter to the board or to a three member panel thereof, as the board may determine, and the board or such panel or any court under section one hundred and seventy-seven shall have access to any certificate. The adoption of such regulations by each criminal justice agency shall be subject to the approval of the board, and shall be promulgated within time limits set by the board. If any criminal justice agency holding evaluative information fails to promulgate such regulations, then the board shall promulgate such regulations with respect to that criminal justice agency. Evaluative information shall be subject to the provisions of section one hundred and seventy-two and section one hundred and seventy-eight, as if such information was criminal offender record information.