103 Mass. Reg. 157.08

Current through Register 1521, May 10, 2024
Section 157.08 - Access to Evaluative Information by Legal Representatives of the Individual
(1) Legal representatives of an individual may have access to the individual's evaluative information, subject to the restrictions set forth in 103 CMR 157.07(3), provided the individual has given informed written authorization for such access and the legal representative so authorized satisfactorily provides identification to the screening employee. Such legal representatives shall include:
(a) The attorney of the individual;
(b) An authorized agent of the individual's attorney who is also an attorney; and,
(c) A law student or paralegal working under the authorization and supervision of the individual's attorney, provided, that the said law student or paralegal submits written documentation from the attorney indicating that the law student or paralegal is working under the authorization and supervision of the attorney. Law students or paralegals who are presently inmates or parolees, or who have been inmates or parolees 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.
(2) A legal representative who wishes to review evaluative information pertaining to a client shall complete the application to review evaluative information. Relevant sections of the application should be completed by the individual to whom the evaluative information pertains, the Department screening employee, and where required, the attorney providing supervision for a law student or paralegal. The original copy of the application shall be retained in the individual's six-part folder.

103 CMR 157.08

Amended by Mass Register Issue 1334, eff. 3/10/2017.