Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 423.00 - Restrictive Housing › Section 423.13 - Conditions of Restrictive Housing

Current through Register 1525, July 5, 2024
Each superintendent shall ensure each Restrictive Housing Unit
				provides for security, safety and orderly operation.
Inmates in Restrictive Housing shall be provided with the
				following:
(a) meals that meet the same
			 standards established by the Commissioner for general population
			 inmates;
(b) access to showers and
			 shaving not less than three days per week;
(c) issuance of an allowed exchange of
			 clothing, bedding, and linen, and provided laundry, barbering, and hair care
			 services on the same basis as general population;
(d) the same opportunities for writing and
			 receipt of letters as is available to the general population;
(e) access to legal materials and legal
			 reference material;
(f) rights of
			 visitation and communication by those properly authorized; provided, however,
			 that the authorization may be diminished for the enforcement of discipline for
			 a period not to exceed 15 days for each offense;
(g) access to reading and writing materials
			 and the opportunity to borrow reading materials from the institution library
			 unless clinically contraindicated;
(h) access to either a radio or television,
			 the choice of which will be in the Department's sole discretion, if confinement
			 exceeds 30 days;
(i) periodic
			 mental and psychiatric examinations under the supervision of the Department of
			 Mental Health;
(j) medical and
			 psychiatric treatment as clinically indicated under the supervision of the
			 Department of Mental Health;
(k)
			 access to canteen purchases and privileges to retain property in a cell as
			 provided by 103 CMR 403.00:
Inmate Property
, however, such
			 access and privileges may be diminished for the enforcement of discipline for a
			 period not to exceed 15 days for each offense or where inconsistent with the
			 security of the unit;
(l) one hour
			 of exercise per day outside their cells, five days per week, unless security or
			 safety considerations dictate otherwise. Additional out-of-cell time shall be
			 provided as required by 103 DOC 650:
Mental Health
			 Services
;
(m) telephone
			 privileges in accordance with 103 CMR 482.00:
Telephone Access and
			 Use
. Superintendents may set limits on the permitted number of
			 telephone calls; and
(n) the same
			 access to disability accommodations as inmates in general population, except
			 where inconsistent with the security of the unit.
Subject to any disciplinary sanctions imposed in accordance
				with 103 CMR 430.00:
Inmate Discipline
, upon initial entry to
				Restrictive Housing, inmates who possess such will be permitted to retain their
				personal tablets. Upon request, after initial entry to Restrictive Housing, and
				subject to disciplinary sanctions imposed in accordance with 103 CMR 430.00,
				inmates who do not possess personal tablets will be provided with radios and
				headphones to use while in Restrictive Housing.
Notwithstanding the provisions of
				103 CMR
				423.13, the Superintendent may further limit
				the amount of property and issue scrubs in
lieu
of such
				clothing for security purposes if there is imminent danger that an inmate or
				inmates will destroy an item, or induce injury to self or others.
Inmates held in Restrictive Housing for a period of more than
				30 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. In addition, step down programs shall also be offered
				to facilitate the gradual reintegration of the inmate into general population
				or the community.
Any inmate who has fewer than 180 days until the inmate's
				mandatory release date or parole release date and is held in Restrictive
				Housing shall be offered reentry programming that shall include, but not be
				limited to, substantial resocialization 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 not be limited to, anger management and
				parenting courses and other reentry planning services offered to inmates in a
				general population setting.