Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 423.00 - Restrictive Housing › Section 423.06 - Definitions

Current through Register 1525, July 5, 2024
Correctional Program Officer (CPO)
.
				The staff person at an institution who, when assigned duties required in
				103 CMR
				423.00, collects information obtained through inmate
				interviews and available casework records, and prepares a summary of this
				information for classification. A CPO is also responsible for monitoring an
				inmate's participation and compliance with a personalized program plan or
				program recommendations and facilitates reentry preparation.
Department Disciplinary Unit (DDU)
. A
				restricted area or areas designated by the Commissioner to which an inmate has
				received a recommended sanction by a Special Hearing Officer. For purposes of
				103 CMR
				423.00, the DDU is not a Restrictive Housing Unit. The
				DDU is disciplinary Restrictive Housing and is governed by
				103 CMR
				430.00:
Inmate Discipline
.
Director of Security
. The individual
				responsible for the overall security within a correctional institution through
				formulation and enforcement of rules and regulations and by overseeing the
				performance of security staff.
Disciplinary Detention
. The
				Restrictive Housing of an inmate who has been found guilty of a serious
				violation of
				103 CMR
				423.00. Such sanction shall not exceed 15 days for one
				offense and no more than 30 days for all violations arising out of the same or
				substantially connected incident(s), unless specifically authorized by the
				Commissioner. This status may be imposed only after complying with all
				provisions of
				103 CMR
				430.00:
Inmate Discipline
.
				Disciplinary detention does not refer to inmates sentenced to a DDU.
Disciplinary Restrictive Housing
. A
				placement in Restrictive Housing in a state correctional facility for
				disciplinary purposes after a finding has been made that the inmate has
				committed a breach of discipline.
Exigent Circumstances
. Circumstances
				that create an unacceptable risk to the safety of any person.
General Population
. For purposes of
				103 CMR
				423.00, general population is defined as any housing
				area, other than a Restrictive Housing Unit (RHU), a Health Services Unit
				(HSU), a Department Segregation Unit (DSU), a DDU, a Secure Treatment Unit
				(STU), a Secure Adjustment Unit (SAU), or the Intensive Treatment Unit (ITU) at
				MCI-Framingham.
Inmate Management System (IMS)
. The
				Department of Correction's automated information system that provides
				processing, storage, and retrieval of inmate-related information needed by the
				Department.
Institution Duty Officer
. A rotating
				staff person assigned specific institutional duties by the
				Superintendent.
Placement Review Committee
. A
				multidisciplinary examination to determine whether Restrictive Housing
				continues to be necessary to reasonably manage risks of harm, notwithstanding
				any previous finding of a disciplinary breach, exigent circumstances, or other
				circumstances supporting a placement in Restrictive Housing.
Placement Review Group
which shall
				include, but not be limited to, one member of the security staff, one member of
				the programming staff and one member of the mental health staff. This Committee
				may include the Superintendent, Deputy Superintendents, Director of Security,
				Director of Classification, Restrictive Housing Unit Captain, or their
				respective designees, and such other staff as deemed necessary to determine
				whether Restrictive Housing continues to be necessary to reasonably manage
				risks of harm, notwithstanding any previous finding of a disciplinary breach,
				exigent circumstances or other circumstances supporting a placement in
				Restrictive Housing.
Protective Custody/Special Housing
				Units
. A form of separation from the general population for
				inmates requesting or requiring protection from other inmates for reasons of
				health or safety. The inmate's status is reviewed periodically in accordance
				with 103 DOC 422.00:
Department Protective Custody Units
, by
				the classification committee or designated group with the goal of terminating
				the separate housing assignment as soon as possible.
Qualified Mental Health
				Professionals
. Treatment providers who are psychiatrists,
				psychologists, psychiatric social workers, psychiatric nurses, and others who
				by virtue of their education, credentials and experience are permitted by law
				to evaluate and care for the mental health needs of patients.
Restrictive Housing
. A placement that
				requires an inmate to be confined to a cell for at least 22 hours per day for
				the safe and secure operation of the facility. For purposes of
				103 CMR
				423.00, Restrictive Housing shall not include the
				following: any placement in a DDU as the result of a sanction imposed in
				accordance with
				103 CMR
				430.00:
Inmate Discipline
; any
				placement of an inmate on disciplinary detention as the result of a sanction
				imposed in accordance with
				103 CMR
				430.00; any placement ordered by a medical or mental
				health provider including, but not limited to, the placement of an inmate in a
				Health Services Unit; the placement of an inmate in a hospital; the placement
				of an inmate in a medical setting where treatment is being provided; or the
				placement of an inmate on a mental health watch.
Restrictive Housing Unit (RHU)
. A
				separate housing area from general population within institutions in which
				inmates may be confined to a cell for more than 22 hours per day where:
(a) it has been determined that the inmate poses an
				unacceptable risk to the safety of others, of damage or destruction or
				property, or to the operation of a correctional facility;
(b) the inmate requires protection from harm by others;
				and/or
(c) the inmate is serving a disciplinary detention sanction.
Secure Adjustment Unit (SAU)
. A
				highly structured unit that is not Restrictive Housing and that provides access
				to cognitive behavioral treatment, education, programs, structured recreation,
				leisure time activities and mental health services for those inmates diverted
				from or released from Restrictive Housing.
Secure Treatment Unit (STU)
. A
				maximum security residential treatment program that is not Restrictive Housing
				and that is designed to provide an alternative to Restrictive Housing for
				inmates diagnosed with serious mental illness in accordance with clinical
				standards adopted by the Department of Correction.
Serious Mental Illness (SMI)
. A
				current or recent diagnosis by a Qualified Mental Health Professional of one or
				more of the following disorders described in the 5th
				edition of the
Diagnostic and Statistical Manual of Mental
				Disorders
:
(a) schizophrenia and other psychotic disorders;
(b) major depressive disorders;
(c) all types of bipolar disorders;
(d) a neurodevelopmental disorder, dementia or other cognitive
				disorder;
(e) any disorder commonly characterized by breaks with reality
				or perceptions of reality;
(f) all types of anxiety disorders;
(g) trauma and stressor related disorders; or
(h) severe personality disorders; or a finding by a Qualified
				Mental Health Professional that the inmate is at serious risk of substantially
				deteriorating mentally or emotionally while confined in Restrictive Housing, or
				already has so deteriorated while confined in Restrictive Housing, such that
				diversion or removal is deemed to be clinically appropriate by a Qualified
				Mental Health Professional.
Shift Commander
. The officer
				designated by the Superintendent to be responsible for the supervision of all
				subordinate custodial staff and the care and custody of inmates during an
				assigned tour of duty.
Superintendent
. The chief
				administrative officer of a correctional institution.