Department of Public Safety Access to Public Records Regulation

Regulation Authority:

R.I.G.L. 42-7.3-9

Purpose and Reason:

The purpose of this filing is to adopt the Access to Public Records Regulation for members and staff of the Department of Public Safety and members of the public. As a result of comments received, the following changes were made that were not originally part of the proposed text: 1. Section IV, #4: language has been added to offer another option for requesting a Rhode Island State Police Uniform Crash Report for Motor Vehicle Accidents. 2. Section V: introductory language has been added at the beginning of the section to state the reasons records would be exempt, to state the requirement of APRA that public bodies apply a balancing test to non-exempt documents on a case-by-case basis, and to clarify who within the Department will apply the balancing test. 3. Section V, subsection 1(A): numbers 2-10 on the list of items that must be redacted have been removed, leaving the social security number of an adult arrestee as the only piece of identifying information that is exempt. The previous language was too restrictive. 4. Section V (1): new subsections B and C were added with language intended to clarify that the items listed in those subsections may be redacted for the reasons stated. These additional sections remove some of the restrictions in the proposed rules and regulations. 5. Section V (1): in the new subsection D the items “date” and “time” were added to number 4; “Charge(s) brought against the arrestee” was placed on its own in number 6; and in number 7, previously number 6, the language “or do not fail the balancing test” was added to further clarify the process the Department must adhere to when responding to requests for arrest reports. 6. Section V (2), the language in the introductory paragraph to this subsection has been replaced with language that clarifies the purpose of the section in the regulation. 7. Section V(2), subsection (A): language was added and deleted under “Complaint/Incident Report” to clarify what needs to be considered when reviewing a requested report of this type and if it can be released. Language regarding the “complaint/incident report log” was removed and placed in its own subsection, B. In this subsection the term “complaint/incident report log” was replaced with the term “day sheet” to provide the updated terminology used in the Department. The terms “witnesses” and “victims” were removed, as that type of information is not always exempt and language was revised to further clarify the meaning of the regulation. 8. Section V (2), subsection(C) (previously subsection B): subsection (1) was deleted entirely as it decided that the language was ambiguous and did not provide guidance. In subsection (1), previously (2), further contact information for requesting Statewide Uniform Crash Reports was added. Language was revised in subsection 2, previously 3, for clarity purposes. Subsection (4) was deleted entirely from the regulation as it was deemed unnecessary since it is not a function of the Department. 9. Section V(2), subsection (D, previously C): language was added and deleted from subsections (1) and (2) to give clarification on what information in the listed reports may be disclosed to specific individuals, and if not, then why it could not be disclosed. In subsection (2), the language in (b) was separated, creating a new letter (c), causing letter the previous letter (c) to become (d). Language was revised in these subsections for clarity purposes. 10. Section VII (1) (f) was deleted entirely because the requirement stated in the language is not accurate. 11. Appendix Item A, DPS Public Records Request Form: a change was made in the “Access to Public Records Request Receipt” section to the information regarding the sections in the statute which states the reasons records may be exempt from disclosure; additional language was also added regarding required identification when juvenile records are released.