JAMESS.MARTIN District Attomey OFFICE OF T}IE DISTRICT ATTORNEY LEHIGH COUNTY COURTHOUSE 455 WEST }IAMILTON STREET ALLENTOWN, PENNSYLVANIA 18101.1514 X (610) 8aC3323 PHONE (610) 782-3100 f Januarv 28. 2O2O Mark Pinsley Oflice of the Lehigh County Controller Government Center 17 South Seventh Street Room 465 Allentown, PA. l8 1O1-2400 Dear Mr. Pinsley: I have been advised of your request for various statistics and/or information from Lehigh Valley Pretrial Services (LVPTS). I have, in my capacity as Chief Law Enforcement Officer of Lehigh County, directed the Execulive Director of LVPTS, Maureen McManus, not to provide you with the requested information, to the extent her office may even have such, because to do so would violate a Pennsylvania Rule of Criminal Procedure as well as the Criminal Historv Record Information Act ("cHRrA"). The Rules of Criminal Procedure are promulgated by the Supreme Court of Pennsylvania. CHRIA is a Statute. Both have statewide application. Pursuant to Pa.R.Crim.P. 530:t (C) Information obtained from or concerning the defendant by a bail agency shall be disclosed gttly to the defendant, counsel for the defendant, the issuing authority or judge setting bail, the attorney for the Commonwealth, and the department of probation or parole preparing a presentence report regarding the defendant. This information shcll not be disclosed or used except for purposes relating to the defendant's bail or a presentence report about the defendant, or in a prosecution based on the falsity of the rPa.R.Crim.P. 523 is attached hereto as illustrative of the information acquired and maintained by LVIvtS, all of which is protected under Rule b3O. P,6dcr etdat Pap... information, or for impeachment purposes to the extent permitted by law. The Comment to this Rule further observes: The information from or concerning a defendant that is gathered by a bail agency Pursuant to paragraph (C) may be disclosed only to a specifica y iimited group of people, who may not use it or disclose it for any purposes other than the bail determination, preparation of a presentence report on the defendant, a prosecution for the falsity of the information, or impeachment as permitted by law. -- Title 18, Chapte r 1 -- extensively regulates the dissemination of criminal history record information as well as protected information, and establishes guidelines for maintaining the security of said information. trhigh County President Judge Edward D' Reibman once observed, "The Legislanrre of this Commonwealth has taken pains to regulate in considerable detail the compilation, retention, and dissemination of ttre information relating to criminal activity.' In re: Charle s Cullen Litig ation, 2006 W L 48262 17 (Pa. Com. PI. 2007). CHRIA 9 CHRIA was enacted with the express purpose of protecting the individual right to privacy and applies to all Commonwealth agencies that collect, maintain, disseminate or receive Criminal History Record Information. Criminal History Record Information is information collected by criminal justice agencies conceming individuals, and arising from the initiation of a criminal proceeding, consisting of identifiabie descriptions, dates and notations of arrests, indictments, informations or other formal criminal charges and any dispositions arising therefrom. CHRIA permits criminal justice agencies to disseminate Criminal History Record Information to individuals or non-criminal justice agencies upon request. However, before dolng so, it muat extract "all notatlon of arrestl, lndictments or other inforrnatlon relatlug to the inltlatlorr of crimlnal proceedlnga where: threc yearr have elapsed since the arreat, where no convictlon has occurrod and where no proeeedings are pending sccking a convictlon,' 18 Pa.C.A.A g 9f 21Ff , Plainly, this would include information related to or obtained in any ongoing criminal investigation. In addition to guidelines for the collection and dissemination of Criminal History Record Information, CHRIA also establishes limitations with regard to "Protected Information" - i.e., intelligence, investigative and treatment information. 18 Pa.C.S.A. S 9lOl, et seq. Iatelllgence lnformation is information concerning the habitS, practices, characteristics, possessions, associations or financial status of any individual or organization compiled in an effort to anticipate, prevent, monitor, investigate or prosecute criminal activity. Investigative lnformatlon is information assembled as a result of the performance of any inquiry, formal or informal, into a criminal incident or an allegation of criminal wrongdoing and may include modus operandi information' Treatment lnformatlon is information concerning medical, psychiatric' psychological or other rehabilitative treatment provided, suggested or proscribed for any individual charged with or convicted of a crime. 18 Pa.C.S.A. S 9102. CHRIA does not permit the dissemination of Protected lnformation to non-criminal justice agencies under any circumstances. 18 Pa.C.S.A. 59106(c)(l),(4). The Office of the Controller is NOT a crlmbdJustice ageDcy. Violations of CHRIA carry both civil liability as well as possible criminal liability. 18 Pa.C.S.A. S 9183. See, e.9., 18 Pa.C.S.A. g 3933 (Unlawful Use of Computer); 18 Pa.C.S.A. $ 4911 (Tampering with Public Record or Information); 18 Pa.C.S.A. S 5101 (Obstructing Administration of Law or Other Governmental Functions); 18 Pa.C.S,A. $ 5741 (Unlawful Access to Stored Communications). See al,so Hunt u. Pennsgluania State Police, 983 A.2d, 627 (Pa. 2009) fCHRIA provides for the possibility of actual and real damages, and reasonable costs of litigation and counsel fees, where a person is found to have been aggrieved by a violation of CHRIA; the statute also provides for the award of exemplar5r and punitive damages when the violation is found to be willful"). Because the information you requested from LVPTS is likely to contain Protected Information, dissemination of the information is of great concern to the Office of the District Attorney and violative of the law. Accordingly, I have directed LVPTS to respectfully decline your request. Should you have any further questions or concerns, a meeting can be scheduled with Ms. McManus and myself, and perhaps the Honorable Douglas G. Reichley, Administrative Judge of the Criminal Court of Common Pleas. Very Truly Yours, JAMES B. MARTIN District Attorney Maureen McManus The Honorable Douglas G. Reichley