Filed Date: 2000
Closed Date: April 9, 2001
Clearinghouse coding complete
Plaintiff and "intervenors," inmates at Souza Baranowski Correctional Center, were subject to G.L.c. 22E Sec. 3 which required persons convicted of certain crimes to submit samples of their deoxyribonucleic acid ("DNA"). Plaintiff and the intervenors sued in state court seeking, inter alia, a declaration that 103 C.M.R. Sec. 405.18 and the DNA Assessment Procedures promulgated by the defendant Department of Correction relating to the determination of indigence and assessment of costs of collecting and processing DNA samples were invalid. The plaintiff and the intervenors claimed that they were indigent and that the Department of Correction froze their personal accounts and confiscated funds to pay DNA costs.
The issue had been previously litigated; in two prior decisions, Massachusetts Superior Court judges had held that the Department of Correction's reliance on 405.18(2) and its DNA Assessment Procedures in determining indigence for purposes of assessing DNA costs violates G.L.c. 22E, Sec. 4(b). Therefore, the court ordered immediate trial on the merits.
After trial, the Superior Court of Massachusetts (Judge Kottmyer) entered an Order for Judgment on April 9, 2001. The court held that to the extent that it purports to authorize the Commissioner to define indigence for purposes of assessment of DNA costs and to deduct DNA costs from inmate accounts without consent, 103 C.M.R. Sec. 405.18 was beyond the authority of the Department of Correction. The court also held that the Department of Correction's DNA Assessment Procedures were similarly flawed. The Department of Correction was enjoined, as of April 6, 2001, from deducting DNA costs from wages earned by inmates or from any inmate account without consent. The Department of Correction was thus ordered to reimburse each of the intervenors $110, the amount which had been confiscated from their funds to pay DNA costs. Welsh v. Department of Correction et al., 2001 WL 717094 (Mass. Super. April 9, 2001)
There is no docket available for this case, and there are no available documents other than the April 9, 2001 Order for Judgment discussed above, which also contained Findings of Fact and Conclusions of Law. Thus, there is no indication of any subsequent activity in the case.
Summary Authors
Theresa Spaulding (7/19/2005)
Kottmyer, Diane M. (Massachusetts)
Kottmyer, Diane M. (Massachusetts)
Last updated Aug. 30, 2023, 2:43 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Massachusetts
Case Type(s):
Key Dates
Filing Date: 2000
Closing Date: April 9, 2001
Case Ongoing: Unknown
Plaintiffs
Plaintiff Description:
Inmates at Souza Baranowski Correctional Center subject to a law which requires persons convicted of certain crimes to submit samples of their DNA
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: Unknown
Class Action Sought: Unknown
Class Action Outcome: Unknown
Defendants
Department of Corrections , State
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 2001 - None
Issues
Type of Facility: