Mass. Gen. Laws ch. 127, sec. 39B — MA Code / Part I / Title XVIII / Chapter 127 / Section 39B
Restrictive housing; placement reviews
Status: in_force

Section 39B. (a) All prisoners confined to restrictive housing shall receive placement reviews at the following intervals, and may receive them more frequently, if a prisoner: (i) is being confined to restrictive housing pursuant to subsection (a) of section 39A, every 72 hours; (ii) is being confined to restrictive housing pursuant to subsection (b) of section 39A, every 72 hours; (iii) is awaiting adjudication of an alleged disciplinary breach, every 15 days; (iv) has been committed to disciplinary restrictive housing, not later than 6 months and every 90 days thereafter; and (v) is being held for any other reason, every 90 days. (b) After a placement review, the prisoner shall be retained in restrictive housing only if it is determined that the prisoner poses an unacceptable risk as provided in subsection (a) of section 39 or if the commissioner, the sheriff or a designee of the commissioner or sheriff re-certifies, in writing, the findings required by subsections (a) or (b) of section 39A. (c) If a prisoner's placement in restrictive housing may reasonably be expected to last more than 60 days, the prisoner shall: (i) have 24 hours written notice of placement reviews; (ii) have the opportunity to participate in reviews in person or in writing; (iii) upon review, if no placement change is ordered, be provided with a written statement as to the evidence relied on and the reasons for the placement decision; and (iv) not more than 15 days after the initial placement and upon placement review, if no placement change is ordered, be advised as to behavior standards and program participation goals that will increase the prisoner's chances of a less restrictive placement upon next placement review. (d) A prisoner who is committed to a secure treatment unit following an allegation or finding of a disciplinary breach shall receive placement reviews at intervals not less than as frequently as if the prisoner were confined to restrictive housing. (e) The commissioner shall promulgate regulations establishing standards and procedures to maximize out-of-cell activities in restrictive housing and outplacements from restrictive housing consistent with the safety of all persons.

Section 39B. (a) All prisoners confined to restrictive housing shall receive placement reviews at the following intervals, and may receive them more frequently, if a prisoner: (i) is being confined to restrictive housing pursuant to subsection (a) of section 39A, every 72 hours; (ii) is being confined to restrictive housing pursuant to subsection (b) of section 39A, every 72 hours; (iii) is awaiting adjudication of an alleged disciplinary breach, every 15 days; (iv) has been committed to disciplinary restrictive housing, not later than 6 months and every 90 days thereafter; and (v) is being held for any other reason, every 90 days.

(b) After a placement review, the prisoner shall be retained in restrictive housing only if it is determined that the prisoner poses an unacceptable risk as provided in subsection (a) of section 39 or if the commissioner, the sheriff or a designee of the commissioner or sheriff re-certifies, in writing, the findings required by subsections (a) or (b) of section 39A.

(c) If a prisoner's placement in restrictive housing may reasonably be expected to last more than 60 days, the prisoner shall: (i) have 24 hours written notice of placement reviews; (ii) have the opportunity to participate in reviews in person or in writing; (iii) upon review, if no placement change is ordered, be provided with a written statement as to the evidence relied on and the reasons for the placement decision; and (iv) not more than 15 days after the initial placement and upon placement review, if no placement change is ordered, be advised as to behavior standards and program participation goals that will increase the prisoner's chances of a less restrictive placement upon next placement review.

(d) A prisoner who is committed to a secure treatment unit following an allegation or finding of a disciplinary breach shall receive placement reviews at intervals not less than as frequently as if the prisoner were confined to restrictive housing.

(e) The commissioner shall promulgate regulations establishing standards and procedures to maximize out-of-cell activities in restrictive housing and outplacements from restrictive housing consistent with the safety of all persons.