reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 23 - Identification of Prisoners

Section 23. The officer in charge of a penal institution to which a person is committed under a sentence of imprisonment for any crime shall, unless the court otherwise orders, take or cause to be taken his name, age, height, weight, probation central file number, offense-based tracking number, fingerprint-based state identification number, photograph and general description and copies of his finger prints in accordance with the finger print system of identification of criminals. The court may order to be taken the photograph and the aforesaid description and finger prints of a person convicted of a felony who is not committed to a penal institution. All such photographs and identifying matter shall be transmitted forthwith to the colonel of state police.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 25 - Fugitives From Justice

Section 25. Whenever the officer in charge of a prison, lockup or other place of detention has received a request from any authority, either by circular or otherwise, to assist in the apprehension of a fugitive from justice, such officer may take an exact description of any person committed to such prison or held in such lockup or other place of detention, and may include in such descriptions copies of the finger prints in accordance with the finger print system of identification. But said officer shall not take a description of a person who, he has reason to believe, is not a fugitive from justice. All descriptions so made shall be forthwith transmitted to the office of the colonel of state police.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 27 - District Attorney to Furnish Criminal History

Section 27. The district attorney who prosecuted such prisoners as are described in section twenty-three shall forward to the department of correction the criminal history of each prisoner as shown upon the trial, upon blanks to be furnished by the commissioner of correction.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 28 - Descriptions, Fingerprints and Criminal History; Records

Section 28. The superintendents of the correctional institutions of the commonwealth and the keepers of jails and houses of correction shall keep a record of the descriptions and fingerprints taken under section twenty-three and of the criminal history of prisoners so described and fingerprinted, as shown by the records of the courts of the commonwealth, or of any other state, or by any other official records which are accessible, and shall attach to the record a photograph of such prisoner or file such photograph in such manner as to be readily found. Systems operated by the department of criminal justice information services, pursuant to sections one hundred and sixty-six through one hundred and seventy-seven, inclusive, of chapter six, may be used for such recordkeeping purposes provided that such records remain subject to the regulations of said board.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 29 - Publication of Records; Exhibition of Records

Section 29. The record required by the preceding section shall not be published except so far as may be necessary for the identification of persons convicted of larceny or any felony after their release from prison; but the officer in charge of a prison shall exhibit the record to any person upon the order of a justice of the superior court or of a district attorney. A copy of the descriptions including copies of finger prints, photographs and criminal histories shall upon request be furnished by the officer in charge of any prison to the colonel of state police or to the principal officer of a prison in any other state which requires by law the finger printing and description of convicts and has provided for furnishing information concerning criminals to other states. However, publication of any records required by section twenty-eight which are kept on systems operated by the department of criminal justice information services shall be in accordance with the regulations of said board.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 30 - Compensation to Officers; Reimbursement

Section 30. No compensation shall be allowed to an officer for the performance of any services required by sections twenty-three to twenty-nine, inclusive, but he shall be reimbursed by the commonwealth for his actual traveling expenses incurred in the performance of any duties therein required.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 32 - Treatment of Prisoners

Section 32. The superintendents of the institutions under the supervision of the department of correction shall treat the prisoners with the kindness which their obedience, industry and good conduct merit.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 32a - Treatment of Prisoner Having Gender Identity Differing From Prisoner's Sex Assigned at Birth

Section 32A. A prisoner of a correctional institution, jail or house of correction that has a gender identity, as defined in section 7 of chapter 4, that differs from the prisoner's sex assigned at birth, with or without a diagnosis of gender dysphoria or any other physical or mental health diagnosis, shall be: (i) addressed in a manner consistent with the prisoner's gender identity; (ii) provided with access to commissary items, clothing, programming, educational materials and personal property that is consistent with the prisoner's gender identity; (iii) searched by an officer of the same gender identity if the search requires an inmate to remove all clothing or includes a visual inspection of the anal cavity or genitals; provided, however, that the officer's gender identity shall be consistent with the prisoner's request; and provided further, that such search shall not be conducted for the sole purpose of determining genital status; and (iv) housed in a correctional facility with inmates with the same gender identity; provided further, that the placement shall be consistent with the prisoner's request, unless the commissioner, the sheriff or a designee of the commissioner or sheriff certifies in writing that the particular placement would not ensure the prisoner's health or safety or that the placement would present management or security problems.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 33 - Maintenance of Order in Institutions; Enforcement of Obedience

Section 33. The superintendents of all institutions under the jurisdiction of the department of correction and the superintendents and keepers of jails and houses of correction shall cause all necessary means to be used to maintain order in the institutions under their supervision, enforce obedience, suppress insurrection and prevent escapes, and for that purpose they may at all times require the aid and utmost exertions of all the officers of the institution except the chaplain and the physician.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 36 - Visits to Jails or Correctional Institutions; Permission

Section 36. No person except the governor, a member of the governor's council, a member of the general court, a justice of the supreme judicial, superior or district court, the attorney general, a district attorney, the commissioner, a deputy commissioner of correction, a member of the parole board, or a parole or probation officer may visit any of the correctional institutions of the commonwealth or any jail or house of correction in the commonwealth without the permission of the commissioner or of the superintendent of such institution or of the keeper of such jail or house of correction. Every visitor who is required to obtain such permission shall also make and subscribe a statement under the penalties of perjury stating his true name and residence, whether or not he has been convicted of a felony, and, if visiting an inmate of such institution, his relationship by blood or marriage, if any, to such inmate, and, if not so related, the purpose of the visit.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 36a - Conferences With Attorneys

Section 36A. The superintendent shall not abridge the right of an inmate of any correctional or penal institution in the commonwealth to confer with any attorney at law engaged or designated by him, and such attorney may visit such inmate at such times as may be established under rules promulgated by the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 36b - Conferences With Clergy Members

Section 36B. The superintendent shall not abridge the right of an inmate of any correctional or penal institution in the commonwealth to confer with any accredited member of the clergy of said inmate's choice. Said clergy may visit inmates at such times and under such conditions as may be established under rules promulgated by the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 36c - In-Person Visitation of Inmates

Section 36C. A correctional institution, jail or house of correction shall not: (i) prohibit, eliminate or unreasonably limit in-person visitation of inmates; or (ii) coerce, compel or otherwise pressure an inmate to forego or limit in-person visitation. For the purposes of this section, to unreasonably limit in-person visitation of inmates shall include, but not be limited to, providing an eligible inmate fewer than 2 opportunities for in-person visitation during any 7–day period.
A correctional institution, jail or house of correction may use video or other types of electronic devices for inmate communication with visitors; provided, that such communications shall be in addition to and shall not replace in-person visitation, as prescribed in this section.
Nothing in this section shall prohibit the temporary suspension of visitation privileges for good cause including, but not limited to, misbehavior or during a bonafide emergency.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 37 - Record of Visitors

Section 37. The superintendent of each correctional institution shall cause a record to be kept of the names and residences of all visitors, which record shall always be open to the commissioner, and may refuse admission to a person having a permit if in his opinion such admission would be injurious to the best interests of the institution, but such superintendent shall forthwith report such refusal to the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 38 - Use of Gags

Section 38. Punishment by the use of the gag shall not be allowed in any penal, reformatory or charitable institution. An officer of any such institution who uses a gag as a punishment shall be punished by a fine of not more than fifty dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 38a - Holding Officers and Employees as Hostages

Section 38A. Any prisoner in any penal or reformatory institution who holds any officer or employee of such institution or any other person as a hostage shall be punished by imprisonment in the state prison for not more than twenty years.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 38b - Assaults Upon Guards; Bodily Substances; Penalty

Section 38B. (a) For the purposes of this section, ''bodily substance'' shall mean any human secretion, discharge or emission including, but not limited to, blood, saliva, mucous, semen, urine or feces.
(b) Any person in the custody of a correctional facility, including any jail, house of correction, trial court detention facility or state prison, who commits an assault or an assault and battery upon an officer or other employee, any volunteer or employee of a contractor in any such facility or any duly authorized officer or other employee of any such facility engaged in the transportation of a prisoner for any lawful purpose shall be punished by imprisonment for not more than 2 and one-half years in a jail or house of correction or for not more than 10 years in a state prison. Such sentence shall begin from and after all sentences currently outstanding and unserved at the time of said assault or assault and battery.
(c) Any person in the custody of a correctional facility, including any jail, house of correction, trial court detention facility or state prison, who commits an assault or an assault and battery by means of a bodily substance upon an officer or other employee, any volunteer or employee of a contractor in any such facility or any duly authorized officer or other employee of any such facility engaged in the transportation of a prisoner for any lawful purpose shall be punished by imprisonment for not more than 2 and one-half years in a jail or house of correction or for not more than 10 years in a state prison. Such sentence shall begin from and after all sentences currently outstanding and unserved at the time of said assault or assault and battery.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 38c - Felonies in Correctional Institutions; Notice to District Attorney

Section 38C. Whenever the superintendent of a correctional institution of the commonwealth determines that a felony has been committed therein, he shall forthwith notify the district attorney for the county in which such institution is located.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 38d - Notice of Transfer of Prisoner Convicted of Offense Against Officer, Guard or Correctional Institution Employee

Section 38D. At the request of any correction officer, guard or other employee of any jail, house of correction or correctional institution, the commissioner, sheriffs or their designees shall provide notice to such officer, guard or employee of any transfer between such facilities or similar facilities utilized by the commonwealth or any political subdivision within or without the commonwealth of a prisoner convicted of an offense against such officer, guard or employee.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 38e - Inmate Complaints; Grievance System; Grievance Resolution

Section 38E. (a) The commissioner shall promulgate regulations to establish a fair, impartial, speedy and effective system for the resolution of grievances filed against the department, its officers or employees, by inmates who are committed to, held by or in the custody of the department in a state, county, or federal correctional facility, or the Massachusetts treatment center. The commissioner, in consultation with the county sheriffs, shall also promulgate regulations for the resolution of grievances filed against a county of the commonwealth, its officials or employees, by inmates who are committed to, held by, or in the custody of a county sheriff.
(b) A grievance system shall provide but not be limited to:
(1) specific maximum time limits for written replies to grievances with reasons for such replies at each decision level within the system;
(2) priority processing of grievances that are of an emergency nature, including matters in which delay would subject the petitioner to substantial risk of personal injury or other damages;
(3) safeguards to avoid reprisals against any petitioner or participant in the resolution of a grievance.
(c) Grievances that may be brought by inmates subject to the provisions of subsections (a) and (b) shall include all grievances arising out of or resulting from a condition of or occurrence during confinement, whether or not said grievance is presented in the form of petition for a writ of habeas corpus. A petition for a writ of habeas corpus seeking only release from unlawful imprisonment or restraint and no other relief shall not be subject to the provisions of this section. All applicable statute of limitations and presentment periods shall be tolled from the date of the filing of a grievance pursuant to this section until the final administrative resolution of the grievance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 38f - Exhaustion of Administrative Remedies Under Sec. 38e; Court Consideration of Inmate Claims; Exceptions

Section 38F. An inmate shall not file any claim that may be the subject of a grievance under section 38E unless the inmate has exhausted the administrative remedy established pursuant to said section 38E; but the court may consider such claim if a final administrative resolution of a grievance filed pursuant to said section 38E has not been decided within 180 days from the date of filing such a grievance, or if the inmate can demonstrate to the court that exigent circumstances exist which, if delayed pursuant to the requirements of this section, would jeopardize the life or seriously impair the health of the inmate, or, for actions seeking equitable relief.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 38g - Disposition of Court Actions Pending Upon Effectiveness of Regulations Promulgated Under Sec. 38e

Section 38G. Any claim that may be the subject of a grievance under the provisions of section 38E which is pending in any court when the regulations promulgated pursuant to section 38E take effect, may be dismissed without prejudice or may be continued by the court for up to 80 days, upon a finding that a continuance or dismissal would be appropriate and in the interests of justice to permit resolution of the claim under the terms specified by the grievance procedure established in section 38E.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 38h - Judicial Review of Final Decision on Grievance

Section 38H. A final decision with respect to a grievance shall be subject to judicial review in accordance with section 14 of chapter 30A, in the superior court for the county in which the inmate is incarcerated or otherwise being held, or in Suffolk county. A complaint filed with the court by an inmate in accordance with this section shall be accompanied by a copy of the final decision for which review is sought, if any, and a complaint not so accompanied subject to the exclusion in section 38F shall not be accepted for filing. The availability of review under this section shall not be construed to limit any judicial remedies otherwise available.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 39a - Restrictive Housing; Prohibitions on Placement of Certain Prisoners in Restrictive Housing

Section 39A. (a) A prisoner shall not be held in restrictive housing if the prisoner has a serious mental illness or a finding has been made, pursuant to subsections (c) or (d) of section 39 or otherwise, that restrictive housing is clinically contraindicated unless, not later than 72 hours after the finding, the commissioner, the sheriff or a designee of the commissioner or sheriff certifies in writing: (i) the reason why the prisoner may not be safely held in the general population; (ii) that there is no available placement in a secure treatment unit; (iii) that efforts are being undertaken to find appropriate housing and the status of the efforts; and (iv) the anticipated time frame for resolution. A copy of the written certification shall be provided to the prisoner. A prisoner in restrictive housing shall be offered additional mental health treatment in accordance with clinical standards adopted by the department of correction.
(b) If a prisoner needs to be separated from general population to protect the prisoner from harm by others, the prisoner shall not be placed in restrictive housing, but shall be placed in a housing unit that provides approximately the same conditions, privileges, amenities and opportunities as in general population; provided, however, that the prisoner may be placed in restrictive housing for not more than 72 hours while suitable housing is located. A prisoner shall not be held in restrictive housing to protect the prisoner from harm by others for more than 72 hours unless the commissioner, the sheriff or a designee of the commissioner or sheriff certifies in writing: (i) the reason why the prisoner may not be safely held in the general population; (ii) that there is no available placement in a unit comparable to general population; (iii) that efforts are being undertaken to find appropriate housing and the status of the efforts; and (iv) the anticipated time frame for resolution. A copy of the written certification shall be provided to the prisoner.
(c) The fact that a prisoner is lesbian, gay, bisexual, transgender, queer or intersex or has a gender identity or expression or sexual orientation uncommon in general population shall not be grounds for placement in restrictive housing.
(d) A pregnant inmate shall not be placed in restrictive housing.
(e) The department shall promulgate regulations regarding the placement or prohibition of placement of persons with permanent physical disabilities in restrictive housing.
(f) A prisoner shall not be confined to restrictive housing except pursuant to section 39 or this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 39b - Restrictive Housing; Placement Reviews

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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 39c - Restrictive Housing; Training and Qualification of Correction Officers, Supervisors and Managers

Section 39C. The commissioner, after consultation with the sheriffs and the department of mental health, shall promulgate regulations governing the training and qualifications of correction officers, supervisors and managers deployed to restrictive housing.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 39d - Restrictive Housing; Reporting and Publication of Information Relating to Prisoners Held in Restrictive Housing

Section 39D. (a) The commissioner shall publish monthly and provide directly to the restrictive housing oversight committee the number of prisoners held in each restrictive housing unit within each state and county correctional facility.
(b) The commissioner shall publish a report quarterly and provide directly to the restrictive housing oversight committee, as to each restrictive housing unit within each state correctional facility, and annually, as to each restrictive housing unit within each county correctional facility: (i) the number of prisoners as to whom a finding of serious mental illness has been made and the number of such prisoners held for more than 30 days; (ii) the number of prisoners who have committed suicide or committed non-lethal acts of self-harm; (iii) the number of prisoners according to the reason for their restrictive housing; (iv) as to prisoners in disciplinary restrictive housing, a listing of prisoners with names redacted, including an anonymized identification number that shall be consistent across reports, age, race, gender and ethnicity, whether the prisoner has an open mental health case, the date of the prisoner's commitment to discipline, the length of the prisoner's term and a summary of the reason for the prisoner's commitment; (v) the number of placement reviews conducted pursuant to clause (iv) and (v) of subsection (a) of section 39B and the number of prisoners released from restrictive housing as a result of such placement reviews; (vi) the length of original assignment to and total time served in disciplinary restrictive housing for each prisoner released from disciplinary restrictive housing as a result of a placement review; (vii) the count of prisoners released to the community directly or within 30 days of release from restrictive housing; (viii) the known disabilities of every prisoner who was placed in restrictive housing during the previous 3 months; (ix) the number of mental health professionals who work directly with prisoners in restrictive housing; (x) the number of transfers to outside hospitals directly from restrictive housing; and (xi) such additional information as the commissioner may determine.
The information shall be published in a commonly available electronic, machine readable format.
(c) The administrators of county correctional facilities shall furnish to the commissioner all information that the commissioner deems necessary to support reporting pursuant to this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 39e - Restrictive Housing; Access to Vocational, Educational and Rehabilitative Programs

Section 39E. Pursuant to regulations promulgated by the commissioner, prisoners held in restrictive housing for a period of more than 60 days shall have access to vocational, educational and rehabilitative programs to the maximum extent possible consistent with the safety and security of the unit and shall receive good time for participation at the same rates as the general population.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 39f - Restrictive Housing; Placement of Inmate With Anticipated Release Date of Less Than 120 Days; Reentry Programming for Prisoners Held in Restrictive Housing With Less Than 180 Days Until Release Date

Section 39F. The department shall establish policies to ensure that an inmate with an anticipated release date of less than 120 days is not housed in restrictive housing, unless: (i) the placement in restrictive housing is limited to not more than 5 days; or (ii) the inmate poses a substantial and immediate threat.
Notwithstanding the previous paragraph, any prisoner who has fewer than 180 days until the prisoner's mandatory release date or parole release date and is held in restrictive housing shall be offered reentry programming that shall include, but shall not be limited to, substantial re-socialization programming in a group setting, regular mental health counseling to assist with the transition, housing assistance, assistance obtaining state and federal benefits, employment readiness training and programming designed to help the person rebuild interpersonal relationships, which may include, but shall not be limited to, anger management and parenting courses and other re-entry planning services offered to inmates in a general population setting.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 39h - Restrictive Housing; Promulgation of Regulations Implementing Secs. 39 to 39h

Section 39H. The commissioner shall promulgate regulations to implement sections 39 to 39H, inclusive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 48 - Establishment and Maintenance of Education, Training and Employment Programs; Rules and Regulations

Section 48. The commissioner shall establish and maintain education, training and employment programs for persons committed to the custody of the department. The administrators of county correctional facilities shall establish and maintain such programs for persons committed to such facilities. Such programs shall include opportunities for academic education, vocational education, vocational training, other related prevocational programs and employment, and may be made available within correctional facilities or, subject to the restrictions set forth in sections forty-nine and eighty-six F, at other places approved by the commissioner or administrator. In determining which employment programs to establish and maintain under the authority of this section, the commissioner or administrator shall take into account, first, the training value of the program, second, the job market and employment conditions in the community and third, in the case of programs to be carried out within a correctional facility, the types of goods and services required by the commonwealth and its subdivisions.
The commissioner shall ensure that at least 1 educational program leading to the award of a high school equivalency certificate is available to persons who are committed to the custody of the department or to a county correctional facility for not less than 6 months and who have not obtained a high school degree or equivalency.
The commissioner shall make and promulgate rules and regulations governing programs established under this section which shall include provisions for hours, conditions of employment, wage rates for employment program participants, incentive payments for education and training program participants, and deductions from said wages pursuant to the provisions of section eighty-six F.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 48b - Establishment of Young Adult Correctional Units or Designation of Correctional Officers for the Exclusive Supervision of Young Adults Placed in Care of Department or House of Correction

Section 48B. (a) The commissioner or a superintendent of a house of correction may establish young adult correctional units or designate individual corrections officers to exclusively supervise young adults, who are ages 18 to 24, inclusive, and have been placed in the care of the department or house of correction so that these individuals may benefit from age appropriate guidance, targeted interventions, age appropriate programming and a greater degree of individual attention.
(b) Officers designated under subsection (a) shall be selected based on their demonstrated experience and commitment to working with young adults and shall perform their services under the direction of the commissioner or superintendent.
(c) Officers designated under subsection (a) shall receive specialized training as necessary on working with young adults, which may include: supervising and counseling young adults; psycho-social and behavioral development of young adults; cultural competency; rehabilitation of young adults; educational programs; and relevant community-based services and programs.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 49a - Evaluation of Inmates for Participation in Education, Training and Employment Programs Outside Correctional Facilities; Committees; Recommendation

Section 49A. Before any inmate may be considered for participation in education, training, or employment programs established under section forty-eight outside a correctional facility, or in any other program outside a correctional facility exclusive of parole, he shall first demonstrate that he is responsible and deserving of these opportunities.
The commissioner shall establish, in each state correctional facility, one or more committees made up of representatives from all segments of department of corrections staff, especially correction officers and the administrator of a county correctional facility shall establish, in each county correctional facility, one or more committees made up of representatives from all segments of the sheriff's department staff, especially correction officers. The membership of said committees shall be appointed by the superintendent of each correctional facility and shall consist of correction officers, prison camp officers, correctional counselors, unit managers, directors of classification or deputy superintendents; provided, however, that, in a facility designated by the commissioner as maximum or medium security, one member shall be a correction officer and, in a facility designated by the commissioner as a community correction facility, one member shall be an employee of the department whose primary role includes security responsibilities.
Said committees shall evaluate the behavior and conduct of inmates within the prison; provided, however, that such evaluation shall be made only by a full board. No less than three members shall constitute a full board. In evaluating an inmate's behavior and conduct within the prison, said committee shall interview the inmate, and shall have access to disciplinary reports and other appropriate records. After evaluating the inmate's behavior and conduct within the prison, said committee shall make a recommendation to the superintendent of the correctional facility or superintendent of a county correctional facility as to whether or not the inmate shall be permitted to participate in any program outside a correctional facility, exclusive of parole. Said recommendation shall be made in writing, and shall include the vote of said committee in making said recommendation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 49b - Participation of Prisoners in Work Programs at Mental Health, Developmental Services and Public Health Facilities; Restrictions

Section 49B. Prisoners in state correctional institutions, except prisoners who are housed in the maximum security section at the Massachusetts Correctional Institution at Cedar Junction, may, in the custody of an officer, be eligible to provide services for patients in residential care at facilities of the department of mental health, the department of developmental services or the department of public health or provide care of public lands or buildings and grounds. No prisoner may participate in a program under this section unless he has been screened both by the committee established under the provisions of section forty-nine A for the correctional institution wherein he is confined and by a member of the professional staff of the institution at which he is to provide such care or service, who shall be designated by the head of said institution or the person in charge of such public lands or buildings. Any prisoner who escapes from the premises at which he is providing care or service under this section shall be deemed to have escaped from the institution of which he is an inmate. No prisoner, except as provided in section forty-nine, shall be employed outside the precincts of the place of his imprisonment doing work of any kind for private persons.
No person who is serving a sentence for violation of or for an attempt to commit any crime referred to in section two, three, four, five, six, seven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, twenty-four, twenty-six, twenty-eight, twenty-eight A, twenty-eight B, twenty-nine, thirty, thirty A, thirty-one, thirty-two, thirty-four, thirty-five or thirty-five A of chapter two hundred and seventy-two or section thirteen B, 13B1/2, 13B3/4, twenty-two, twenty-two A, 22B, 22C, twenty-three, 23A, 23B, twenty-four, twenty-four B of chapter two hundred and sixty-five or who is under commitment under the provisions of chapter one hundred and twenty-three A may participate in a program under the provisions of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 49c - Employment of Prisoners of County Correctional Institutions on Municipal Properties Within County

Section 49C. Prisoners in county correctional institutions may, in the custody of an officer, be eligible to provide services for municipalities within the county, including the care of public lands or buildings and grounds. No prisoner may participate in a program under this section unless he has been screened both by the committee for the correctional institution wherein he is confined that determines an inmate's fitness to participate in outside programs, and by a member of the professional staff of the institution or agency at which he is to provide such care or service. Said member shall be designated by the head of said institution or agency or the person in charge of such public lands or buildings. Any prisoner who escapes from the premises at which he is providing care or service under this section shall be deemed to have escaped from the institution of which he is an inmate. No prisoner, except as provided in section forty-nine, shall be employed outside the precincts of the place of his imprisonment doing work of any kind for private persons.
No person who is serving a sentence for violation of or for an attempt to commit any crime referred to in section two, three, four, five, six, seven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, twenty-four, twenty-six, twenty-eight, twenty-eight A, twenty-eight B, twenty-nine, thirty, thirty A, thirty-one, thirty-two, thirty-four, thirty-five, or thirty-five A of chapter two hundred and seventy-two or section thirteen B, 13B1/2, 13B3/4, twenty-two, twenty-two A, 22B, 22C, twenty-three, 23A, 23B, twenty-four, twenty-four B of chapter two hundred and sixty-five or who is under commitment under the provisions of chapter one hundred and twenty-three A may participate in a program under the provisions of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 51 - Establishment and Maintenance of Industries in Correctional Institutions; Contracts for Labor

Section 51. The commissioner, and the superintendents of the correctional institutions of the commonwealth, keepers or superintendents of jails and houses of correction, shall determine the industries to be established and maintained in the respective institutions under the supervision of said officers. The prisoners in said institutions shall be employed in said industries under regulations which shall be established by the commissioner; but no contract shall be made for the labor of prisoners.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 52 - Supervisors and Instructors; Authority; Removal

Section 52. Supervisors and instructors to instruct the prisoners in industries determined upon in accordance with section fifty-one of chapter one hundred and twenty-seven in the correctional institutions of the commonwealth shall be appointed by the commissioner, and in jails and houses of correction by the superintendents and keepers thereof, with the approval of the commissioner. Such supervisors and instructors shall have the same authority relative to the prisoners as the subordinate officers of the institution where they are employed. In the correctional institutions of the commonwealth they may be removed by the commissioner, and in jails and houses of correction by the superintendent or keeper thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 53 - Production of Articles by Prisoners

Section 53. The commissioner shall, so far as possible, cause such articles and materials as are used in the offices, departments or institutions of the commonwealth and of the several counties, cities and towns to be produced by the labor of prisoners in the institutions named in section fifty-one.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVIII - Prisons, Imprisonment, Paroles and Pardons › Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons › Section 54 - Annual Meetings for Determination of Styles, Designs and Qualities of Articles to Be Produced by Prisoners; Expenses

Section 54. For the purpose of determining the styles, designs and qualities of articles and materials to be made by the labor of prisoners for use in the offices, departments or institutions in accordance with section fifty-three, the officers in charge of said offices, departments or institutions shall hold meetings annually in May. The day and place of each of said meetings shall be assigned by the commissioner, who shall give to the officers concerned at least ten days' notice thereof. If an officer in charge is unable to be present at a meeting he may delegate one of his assistants to attend in his behalf. Each meeting shall organize by the choice of a chairman and clerk; and within one week after the meeting, these officers shall formally notify the commissioner of the styles, designs and qualities adopted by the meeting for use in each class of offices, departments or institutions. The expenses of attending any of said meetings shall be repaid to the respective officers in the same way as other traveling expenses are paid.