reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.28 - DDU Hearings and Sanctions

Current through Register 1525, July 5, 2024
(1) The
			 Commissioner shall appoint a Special Hearing Officer(s) to hear all
			 disciplinary matters which may result in the inmate receiving a sanction to a
			 DDU. The Director may appoint a Special Disciplinary Officer(s) for
			 disciplinary matters which may result in the inmate receiving a sanction to a
			 DDU. This Special Disciplinary Officer shall perform the functions of a
			 Disciplinary Officer, as set forth in 103 CMR 430.00 including, but not limited
			 to, acting as the proponent.
(2)
			 All DDU hearings shall be recorded by the Special Hearing Officer.
(3) A DDU Special Hearing Officer may suspend
			 a sanction, or any portion thereof, for a period of time not to exceed 12
			 months.
(4) The Deputy Commissioner
			 of the Prison Division or a designee shall serve as the appellate authority in
			 any disciplinary case in which an inmate receives a recommended sanction to a
			 DDU, subject to the procedures set forth in
			 103 CMR
			 430.18(1). When no DDU
			 sanction is imposed, the inmate shall follow the normal appeal procedure
			 provided by
			 103 CMR
			 430.18.
(5) The Deputy Commissioner of the Prison
			 Division shall designate a staff person to conduct a disposition procedural
			 review of all DDU hearings within ten business days of the conclusion of the
			 appeal process to ensure that all procedural guidelines established in
			 accordance with 103 CMR 430 have been complied with. This review shall be
			 documented in IMS.
(6) The
			 Superintendent may recommend that the Deputy Commissioner of the Prison
			 Division approve an inmate(s) for release from the DDU prior to the expiration
			 of the DDU sanction. The factors to be considered in making such a request to
			 the Deputy Commissioner include, but shall not be limited to: the medical or
			 mental health needs of an individual inmate, the need to prepare an inmate for
			 release from custody, whether the inmate has made a positive institutional
			 adjustment, or the operational needs of the DDU,
e.g
.:
(a) number of DDU placements;
(b) nature of the disciplinary report
			 resulting in the current DDU placement;
(c) length of time to release from
			 custody.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.29 - DDU Screening

Current through Register 1525, July 5, 2024
Before placement in the DDU, an inmate shall be screened by a
				Qualified Mental Health Professional to determine if the inmate has a serious
				mental illness (SMI) or to determine if placement in the DDU is otherwise
				clinically contraindicated based on clinical standards adopted by the
				Department of Correction, with said standards adopted in consultation with the
				Department of Mental Health, and the Qualified Mental Health Professional's
				clinical judgment. Additional mental health procedures and treatment attendant
				to DDU placement shall comport with the requirements set forth in 103 DOC 650:
Mental Health Services
.
Additionally, prior to or immediately upon placement in the
				DDU, the inmate shall be screened by medical staff to determine whether there
				are any medical contraindications to placement in the DDU, including the
				existence of a permanent physical disability that precludes placement in the
				DDU. In such case, the inmate shall not be placed in the DDU. This screening
				shall be documented and placed in the inmate's medical
				record.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.30 - DDU Reviews

Current through Register 1525, July 5, 2024
(1) An inmate who
			 has been sanctioned to disciplinary Restrictive Housing in the DDU shall be
			 reviewed by the Placement Review Committee 180 days after the effective date of
			 the DDU sanction,
i.e
., the date that the Deputy Commissioner
			 of the Prison Division issues written authorization for the DDU sanction, and
			 every 90 days thereafter.
(2) For
			 each Placement Review, the inmate shall be:
(a) provided with 24 hours written notice
			 prior to each Placement Review;
(b)
			 provided the opportunity to participate in each Placement Review in
			 writing;
(c) upon review, if no
			 placement change is ordered, provided a written statement as to the evidence
			 relied on and the reasons for the placement decision; and
(d) advised as to behavior standards and
			 program participation goals that will increase the inmate's chances of a less
			 restrictive placement upon next Placement Review if no placement change was
			 ordered.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.31 - DDU Confinement of SMI Inmates

Current through Register 1525, July 5, 2024
(1) An inmate shall
			 not be held in the DDU if the inmate has been determined to have a serious
			 mental illness or a finding has been made by a qualified mental health
			 professional that DDU is clinically contraindicated unless, not later than 72
			 hours after the DDU placement or finding, the Commissioner or a designee
			 certifies in writing:
(a) the reason why the
			 inmate may not be safely held in the general population; and
(b) that there is no available placement in a
			 Secure Treatment unit or Secure Adjustment Unit; and
(c) that efforts are being undertaken to find
			 appropriate housing and the status of the efforts; and
(d) the anticipated time frame for
			 resolution; or
(e) whether exigent
			 circumstances exist.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.32 - DDU Programming

Current through Register 1525, July 5, 2024
(1) Inmates held in
			 the DDU 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.
(2) Any inmate who has fewer than 180 days
			 until the inmate's mandatory release date or parole release date and is held in
			 the DDU 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.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.33 - DDU Conditions

Current through Register 1525, July 5, 2024
(1) Inmates in DDU
			 shall be provided 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 as
			 provided by 103 CMR 403.00:
Inmate Property
, however, that
			 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.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.34 - DDU Staff Qualifications and Training

Current through Register 1525, July 5, 2024
All correction officers, supervisors and managers assigned to
				the DDU shall be trained in accordance with standards and qualifications
				adopted by the Commissioner in consultation with the sheriffs and the
				Department of Mental Health and shall comport with the requirements set forth
				in 103 DOC 216:
Training and Staff Development
.
Training should include but not be limited to suicide
				prevention, trauma informed care, crisis intervention, de-escalation, signs and
				symptoms of mental illness, co-occurring disorders, emergency response, code
				99, fire exits, restraints, IMS entries, counts, showers, medication,
				recreation, phones, rounds, pyramid of force, unit structure/operations, post
				orders, and interpersonal communications.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.35 - Limitations on Placement in Restrictive Housing

Current through Register 1525, July 5, 2024
The fact that an inmate 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.
A pregnant inmate shall not be placed in Restrictive
				Housing.
An inmate with an anticipated release date (release from the
				custody of the Department) of less than 120 days shall not be held in
				Restrictive Housing unless:
(a) the
			 placement in Restrictive Housing is limited to not more than five days;
			 or
(b) the inmate poses a
			 substantial and immediate threat.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.36 - Emergency

Current through Register 1525, July 5, 2024
Whenever in the opinion of the Commissioner, Deputy
				Commissioner or the Superintendent of a state correctional institution an
				emergency exists which requires the suspension of part or all of 103 CMR
				430.00, such suspension may be ordered, provided that any such suspension
				beyond 48 hours must be authorized by the Commissioner for good
				cause.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.37 - Responsible Staff

Current through Register 1525, July 5, 2024
The Director of Discipline shall implement and monitor 103 CMR
				430.00 throughout the Department. Each Superintendent shall implement and
				monitor 103 CMR 430.00 at the institution.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.38 - Annual Review

Current through Register 1525, July 5, 2024
103 CMR 430 shall be reviewed at least annually by the
				Commissioner or a designee. The party or parties conducting the review shall
				develop a memorandum to the Commissioner with a copy to the Central Policy File
				indicating revisions, additions or deletions which shall be included for the
				Commissioner's written approval and shall become effective pursuant to
				applicable law.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.39 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of 103 CMR 430.00 is for any reason held to be unconstitutional, contrary to
				statute, in excess of the authority of the Commissioner or otherwise
				inoperative, such decision shall not affect the validity of any other article,
				section, clause or phrase of 103 CMR 430.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 431.00 - Observation Of Behavior Reports › Section 431.01 - Purpose

Current through Register 1525, July 5, 2024
It is a basic tenet of sex offender treatment that sex
				offenders are responsible for their behavior and that they are responsible for
				knowing and conforming to laws set down by society. To further the goals of a
				cognitive behavioral treatment program while ensuring fairness to all
				residents,
				103 CMR 431.00 institutes a
				clear set of rules linked to a clear set of sanctions, which could be modified
				according to mitigating or aggravating circumstances.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 431.00 - Observation Of Behavior Reports › Section 431.02 - Statutory Authorization

Current through Register 1525, July 5, 2024
103 CMR 431.00 is issued
				pursuant to M.G.L. c. 124, § 1(b), (i) and (q), M.G.L. c. 127, § 33
				and M.G.L. c. 123A, § 2.
				103 CMR 431.00 is not
				intended to confer any procedural or substantive rights not otherwise granted
				by state or federal law.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 431.00 - Observation Of Behavior Reports › Section 431.04 - Applicability

Current through Register 1525, July 5, 2024
103 CMR 431.00 is applicable
				to all residents committed under M.G.L. c. 123A confined at the Massachusetts
				Treatment Center, including residents residing in the transition house or
				participating in a community access program, and to all employees. The
				discipline of prisoners (
i.e
., persons not committed under
				M.G.L. c. 123A) admitted to the Treatment Center or any modular extension of
				the Treatment Center will be governed by the provisions of
				103 CMR
				430.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 431.00 - Observation Of Behavior Reports › Section 431.05 - Access to Policy

Current through Register 1525, July 5, 2024
103 CMR 431.00 shall be
				maintained in the Superintendent's policy file, institutional policy file the
				resident library, and on each housing unit, the Crisis Unit and the Minimum
				Privilege Unit.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 431.00 - Observation Of Behavior Reports › Section 431.06 - Definitions

Current through Register 1525, July 5, 2024
Behavior Review Committee (B.R.C.)
- A
				three member board, appointed by the Superintendent, to conduct hearings for
				all observation of behavior reports processed.
Chairperson
- The person appointed by
				the Superintendent to facilitate the observation of behavior process and sit as
				the Chairperson for all observation of behavior hearings. The person should
				have knowledge and experience in the conduct of B.R.C proceedings.
Observation of Behavior Report
				(O.B.R.)
- A report written by a staff member, on the appropriate
				form concerning inappropriate behavior of a resident.
Superintendent
- The Chief
				Administrative Officer of the Massachusetts Treatment Center.
Resident
- A person committed to the
				Treatment Center pursuant to M.G.L. c. 123A as a Sexually Dangerous
				Person.
Working Day
- Monday through Friday,
				excluding holidays.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 431.00 - Observation Of Behavior Reports › Section 431.08 - Restrictions Prior to Hearing

Current through Register 1525, July 5, 2024
(1) Where
			 necessary to maintain the good order of the institution or to protect the
			 safety of residents or staff, the resident may be restricted pursuant to the
			 provision of 103 CMR 431.08, either pending investigation of an incident or
			 after the issuance of an O.B.R.
(2)
			 Placement of the resident in the Minimum Privilege Unit pending investigation
			 shall be in accordance with the provisions of Massachusetts Treatment Center
			 423.08(2)(b) and prior to a B.R.C hearing shall be in accordance with the
			 provisions of Massachusetts Treatment Center 423.08(2)(a).
(3) The Shift Commander may authorize placing
			 a resident on restriction (room, unit, program,
etc
.) pending
			 investigation or after the issuance of an O.B.R. Any restrictions imposed on
			 the resident shall be noted on the O.B.R., or if pending investigation, upon an
			 incident report. The Superintendent or designee will review daily each resident
			 so restricted and remove or modify such restrictions as appropriate.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 431.00 - Observation Of Behavior Reports › Section 431.09 - Behavior Review Committee Procedures

Current through Register 1525, July 5, 2024
(1)
Composition and General Powers of the B.R.C
.
(a) The B.R.C. shall consist of three persons
			 appointed by the Superintendent; one security staff member, one clinician and
			 one program staff member.
(b) The
			 Superintendent or designee shall appoint one of the three members of the B.R.C.
			 as Chairperson. The Chairperson shall govern the conduct of every phase of the
			 hearing including, but not limited to, the interpretation and construction of
			 103 CMR 431.00 and the
			 conduct of all parties. The Chairperson may call an executive session at any
			 time to consider procedures.
(c)
			 The B.R.C. shall be impartial. The resident may challenge the impartiality of a
			 member of the B.R.C. If the resident challenges the impartiality of a member of
			 the B.R.C., the Chairperson shall determine if the resident has stated
			 substantial reasons to support the claim. For example, a witness to the event
			 at issue should not sit as a member of the B.R.C. If the Chairperson determines
			 that a member of the B.R.C. should be removed, the Superintendent or designee
			 shall designate a replacement as soon as practicable.
(d) The B.R.C. shall not be bound by the
			 rules of evidence observed by the courts of the Commonwealth.
(e) All parties, counsel, witnesses or other
			 persons present at a B.R.C. hearing shall conduct themselves in a professional
			 manner consistent with the standards of decorum commonly observed in the courts
			 of the Commonwealth. The Chairperson may take whatever appropriate actions are
			 necessary to conduct a hearing when confronted with the improper conduct of any
			 participant.
(f) The B.R.C. shall
			 make findings of fact, determine guilt or innocence, and impose sanctions and
			 recommendations.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 431.00 - Observation Of Behavior Reports › Section 431.10 - Appeal of Dispositions

Current through Register 1525, July 5, 2024
(1) All residents
			 may appeal the finding or sanction(s) of the B.R.C. to the Superintendent or
			 designee. If the resident chooses to appeal, the disposition shall be suspended
			 until such time as the Superintendent or designee reviews the case and makes a
			 final disposition. The B.R.C. may order that any restrictions imposed pursuant
			 to
			 103 CMR
			 431.08 remain in effect pending disposition
			 of the appeal. In such event, the pre-hearing restrictions will be subject to
			 the review requirements of
			 103 CMR
			 431.08(3). The B.R.C. may
			 also refer the resident to the Superintendent for placement on separate housing
			 as provided by Massachusetts Treatment Center 423.08(2)(e).
(2) All residents may appeal the finding or
			 sanction(s) of the BRC to the Superintendent within five working days following
			 the resident receipt of the BRC's decision. The Superintendent, for the cause
			 shown, may consider an appeal filed after the expiration of the five day period
			 but no later than 15 days after the resident has received the BRC's
			 decision.
(3) The Superintendent or
			 designee reviewing the appeal shall normally act on it within 30 days of
			 receipt and forward a written disposition to the resident and B.R.C.
			 Chairperson.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 431.00 - Observation Of Behavior Reports › Section 431.11 - Code of Offenses

Current through Register 1525, July 5, 2024
(1) Observation of
			 Behavior offenses shall include the following acts:
A.
Greatest Severity
A-1 Killing.
A-2 Rape.
A-3 Assaulting and causing physical injury to
			 another person.
A-4
			 Escape.
A-5 Starting a fire or
			 causing an explosion.
A-6
			 Possession of a weapon or ammunition.
A-7 Rioting or encouraging others to riot
			 (must be concrete and specific).
A-8 Taking hostages.
A-9 Committing any act deemed to be a violent
			 felony under the laws of the Commonwealth of Massachusetts or the federal
			 government.
A-10 Tampering with or
			 blocking any locking device.
A-11
			 Conduct which disrupts or interferes with the security or orderly running of
			 the institution when this poses a threat to life or a threat of serious bodily
			 harm or furthers a prohibited act of the Greatest Severity category.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 431.00 - Observation Of Behavior Reports › Section 431.14 - Emergencies

Current through Register 1525, July 5, 2024
Whenever, in the opinion of the Superintendent, an emergency
				exists which requires the suspension of part or all of
				103 CMR 431.00, he/she may
				order such a suspension.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 431.00 - Observation Of Behavior Reports › Section 431.17 - Severability Clause

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				is for any reason held to be unconstitutional, contrary to statute, in excess
				of the authority of the Superintendent or otherwise inoperative, such decision
				shall not affect the validity of any other article, section, subsection,
				sentence, clause or phrase of
				103 CMR
				431.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 453.00 - Selection Procedures For Cadre Positions › Section 453.02 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR 453.00 cancels all
				previous Departmental or institutional policy statements and rules and
				regulations regarding criteria and procedures for selection for cadre
				positions.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 453.00 - Selection Procedures For Cadre Positions › Section 453.04 - Statutory Authority

Current through Register 1525, July 5, 2024
103 CMR 453 is issued pursuant to M.G.L. c. 124, §§
				1(e), (f), (g), (q) and c.127, §§ 48 and 83B.
				103 CMR 453.00 is not
				intended to confer any procedural or substantive rights not otherwise granted
				by state or federal law, nor any private cause of action.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 453.00 - Selection Procedures For Cadre Positions › Section 453.05 - Access

Current through Register 1525, July 5, 2024
103 CMR 453.00 shall be
				maintained within the central policy file at the Department and shall be
				accessible to all Department employees. A copy of 103 CMR 453.000 shall also be
				maintained in each superintendent's central policy file and at each inmate
				library.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 453.00 - Selection Procedures For Cadre Positions › Section 453.06 - Definitions

Current through Register 1525, July 5, 2024
Assistant Deputy Commissioner of
				Classification
- A senior level manager who reports to the Deputy
				Commissioner of the Classification, Programs and Reentry Division, and is
				responsible for ensuring policy compliance and standardization of procedures in
				such areas as classification, date computation, sex offender management, victim
				services, central records and inmate risk and placement.
Cadre
- A core group of criminally
				sentenced inmates with special skills or abilities (
e.g
.,
				cooking, maintenance, clerical) who are utilized in providing direct services
				to a pre-release state correctional institution on a standard work schedule
				basis.
Cadre Position
- A previously
				established full-time work placement within a pre-release state correctional
				institution.
Classification Board
- A committee of
				institutional or Departmental employees which makes recommendations concerning
				an inmate's custody level and program participation.
Commissioner
- Chief executive
				officer of the Department of Correction
Department
- The Department of
				Correction
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 453.00 - Selection Procedures For Cadre Positions › Section 453.07 - Number of Cadre Positions at Each State Correctional Institution

Current through Register 1525, July 5, 2024
The superintendent of each pre-release state correctional
				institution may identify the cadre needs and establish the number of cadre
				positions for the institution, subject to the approval of the Assistant Deputy
				Commissioner of Classification.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 453.00 - Selection Procedures For Cadre Positions › Section 453.08 - Minimum Eligibility Criteria for Cadre

Current through Register 1525, July 5, 2024
(1) An inmate cadre applicant shall have
			 established minimum security status in accordance with
			 103 CMR
			 420.00:
Classification
.
(2) Inmates serving sentences for violations
			 of M.G.L. c. 265, §§ 22, 22A, 23 or 24 or for an attempt to commit a
			 crime referred to in M.G.L. c. 265, §§ 22, 22A, 23, and 24 shall not
			 be eligible to fill cadre positions at MCI-Plymouth in accordance with M.G.L.
			 c.127, § 83B.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 453.00 - Selection Procedures For Cadre Positions › Section 453.09 - Preparation and Posting of Job Descriptions for Cadre Positions

Current through Register 1525, July 5, 2024
(1) When a cadre position is established in a
			 pre-release state correctional institution or when there are no more than 60
			 days remaining before an existing cadre position will become vacant the
			 superintendent or designee, shall screen his/her population for eligible and
			 suitable candidates. If the superintendent cannot identify an eligible and
			 suitable candidate, then a job description shall b e prepared containing
			 detailed job information, including skills and experience required and duties
			 and responsibilities of the job.
(2) The superintendent of said institution
			 shall submit the cadre posting to the Assistant Deputy Commissioner of
			 Classification.
(3) The Assistant
			 Deputy Commissioner of Classification or designee shall notify each minimum
			 security level state correctional institution of the cadre position vacancy and
			 shall disseminate a copy of the cadre posting with a final date for submission
			 of inmate requests.
(4) Cadre wages
			 are as provided in
			 103 CMR
			 405.00:
Inmate Funds
.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 453.00 - Selection Procedures For Cadre Positions › Section 453.10 - Applications for Cadre Positions

Current through Register 1525, July 5, 2024
Inmates interested in applying for a cadre position shall
				submit a request to the superintendent of their respective institutions and
				such inmates shall provide information and evidence that qualify them for the
				position.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 453.00 - Selection Procedures For Cadre Positions › Section 453.11 - Screening Applications for Cadre Positions

Current through Register 1525, July 5, 2024
The superintendent, or designee, at each minimum security level
				state correctional institution shall schedule a classification board in
				accordance with
				103 CMR
				420.00:
Classification
to consider
				the eligibility of inmate applicants for cadre positions. In determining
				eligibility, the classification board shall consider the inmate meets the
				minimum eligibility criteria as set forth in l 03 CMR 453.08 and further meets
				the specifications set forth in the cadre posting. All recommendations shall be
				processed in accordance with
				103 CMR
				420.00:
Classification
.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 453.00 - Selection Procedures For Cadre Positions › Section 453.12 - Departmental Selection Procedures

Current through Register 1525, July 5, 2024
The Assistant Deputy Commissioner of Classification or designee
				shall review the classification board's recommendation and make a final
				decision regarding the inmate's suitability and eligibility for the vacant
				cadre position. All classification board recommendations that are approved by
				the Assistant Deputy Commissioner of Classification or designee shall be
				forwarded to the superintendent of the facility with the vacant cadre position.
				The superintendent or designee shall review the classification material of all
				approved inmates and select an inmate to fill the position.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 453.00 - Selection Procedures For Cadre Positions › Section 453.13 - Termination of Cadre Status

Current through Register 1525, July 5, 2024
Whenever a superintendent believes that the cadre status of an
				inmate should be terminated for failure to fulfill the duties and
				responsibilities of his cadre position, or because the inmate has been found
				guilty and received a sanction for a serious disciplinary infraction, the
				inmate's cadre status should be reviewed by the superintendent or designee to
				consider possible termination of that status and transfer from the state
				correctional facility in accordance with
				103 CMR
				420.00:
Classification
.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 453.00 - Selection Procedures For Cadre Positions › Section 453.14 - Responsible Staff

Current through Register 1525, July 5, 2024
The Commissioner or a designee shall be responsible for
				monitoring
				103 CMR 453.00 throughout
				the Department. The superintendent of each correctional institution shall be
				responsible for the implementation of
				103 CMR 453.00 within the
				institution.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 453.00 - Selection Procedures For Cadre Positions › Section 453.15 - Annual Review

Current through Register 1525, July 5, 2024
103 CMR 453.00 shall be
				reviewed annually by the Commissioner or a designee. The party or parties
				conducting the review shall submit a memorandum to the Commissioner with a copy
				to the central policy file, indicating that the review has been completed.
				Recommendations for revisions, additions or deletions shall be
				included.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 453.00 - Selection Procedures For Cadre Positions › Section 453.16 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of
				103 CMR 453.00 is contrary
				to statute, in excess of the authority of the Commissioner, or otherwise
				inoperative, such decision shall not affect the validity of any other article,
				section, subsection, sentence, clause or phrase of
				103 CMR
				453.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 455.00 - Correctional Industries › Section 455.02 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR
				455.00 cancels all previous Department policy
				statements, bulletins, directives, orders, notices, rules or regulations
				regarding Correctional Industries which are inconsistent with
				103 CMR
				455.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 455.00 - Correctional Industries › Section 455.03 - Applicability

Current through Register 1525, July 5, 2024
103 CMR
				455.00 applies to all Department of Correction
				employees in general and, specifically, to employees at correctional
				institutions which have an industries program.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 455.00 - Correctional Industries › Section 455.04 - Access to 103 CMR 455.00

Current through Register 1525, July 5, 2024
103 CMR
				455.00 will be maintained within the Central Policy
				File of the Department and will be accessible to all Department employees. A
				copy of
				103 CMR
				455.00 shall be maintained in each Superintendent's
				Central Policy File, in the office of the Industries Supervisor of those
				institutions that have an industries program, and in each inmate
				library.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 455.00 - Correctional Industries › Section 455.05 - Definitions

Current through Register 1525, July 5, 2024
Assignment Officer
. A correctional
				officer given the responsibility of supervising an institutional work
				program.
Classification Board
. A committee of
				institutional or Departmental employees which makes recommendations to the
				Superintendent concerning an inmate's program participation or placement within
				the Department of Correction.
Commissioner
. The Commissioner of
				Correction.
Correctional Industry
. An activity
				existing in a correctional system which uses inmate labor to produce goods
				and/or services for sale. The price of all articles and materials, supplied by
				the prison to the Commonwealth, counties, cities and towns, shall conform as
				nearly as feasible to reflect current pricing paid by the State and
				municipalities for similar goods manufactured outside of the prison.
Department
. The Department of
				Correction.
Director of Industries
. The person who
				is responsible for the operation and direction of all Correctional
				Industries.
Directory of Occupations
. A document
				published by the U.S. Department of Labor which classifies all job descriptions
				by number.
Industries Supervisor
. The Industries
				staff person who is appointed by the Commissioner to oversee and manage the
				industries operation of a particular institution.
Operating Unit
. One distinct operation
				of industries activity which may be operated as a cost center or separate
				accounting entity. It may take the form of a manufacturing operation such as
				furniture making or a service activity such as warehousing.
Superintendent
. The Chief
				Administrative Officer of a Correctional Institution.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 455.00 - Correctional Industries › Section 455.06 - General Policy

Current through Register 1525, July 5, 2024
The Industries Division operates as a part of the Department of
				Correction. The primary mission of Industries, as with the Department of
				Correction, is the safety of the public. Institutional security is the primary
				objective within which all industries activities and programs are carried out.
				While profitability and the creation of inmate employment are goals of the
				program, they must never be allowed to supersede security as the primary
				objective.
The Department of Correction will, within the framework of
				security, attempt to create industries programs which include, but are not
				limited to the following:
(1) A
			 maximization of inmate work opportunities within our institutions consistent
			 with cost efficiency and security;
(2) A work environment which mirrors that
			 found in comparable outside industry;
(3) Use of current technology wherever
			 possible;
(4) High standards of
			 production as measured by quantity and quality;
(5) Opportunities for a wide range of skill
			 development;
(6) Linkage between
			 job performance and rewards for participants;
(7) Development of programs which are
			 self-sustaining and economical for the taxpayer.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 455.00 - Correctional Industries › Section 455.07 - Inmate Access to Industries Programs

Current through Register 1525, July 5, 2024
Each Superintendent who has an industries program in the
				institution, in conjunction with the Industries Supervisor, shall develop a
				method of inmate assignments to the industries program which shall include, but
				not be limited to:
(1) Compulsory job
			 assignments within the limits of the industries programs' needs;
(2) Work force requirements to fill job
			 vacancies;
(3) Procedures for
			 posting job assignment vacancies;
(4) Prior to being hired for an initial
			 industries position, an inmate shall be screened by a Classification Board. The
			 screening process shall include the following:
(a) Determination of suitability and
			 eligibility for a skilled or unskilled industries position in accordance with
			 103 CMR 455.08:
Job Listings.
(b)
			 Once such determination regarding suitability and eligibility is made, an
			 industries position referral form shall be completed by the Classification
			 Board Counselor and forwarded to the Assignment Officer or designee.
(c) The Assignment Officer or designee shall
			 forward the referral form to the Industries Supervisor (or designee) for the
			 purpose of interviewing the inmate.
(d) Once the Industry Supervisor has made a
			 decision regarding the referred inmate's hiring, he or she shall complete and
			 return the Industries Referral Form to the Assignment Officer who will then
			 forward the form to the designated classification staff member for placement in
			 the inmate's six-part folder.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 455.00 - Correctional Industries › Section 455.08 - Job Listings

Current through Register 1525, July 5, 2024
(1) A listing of
			 the necessary number of jobs by title and rating shall be established for each
			 institutional shop. All listings shall be approved by the institution
			 Superintendent and the Department's Director of Industries.
(2) All industrial jobs shall be rated and
			 listed in accordance with the Directory of Occupations.
(3) Job availability shall be communicated
			 through the Institutional Assignment Officer.
(4) The Prison Industries Skilled Labor
			 Position Booklet shall be made available to all classification board members.
			 This booklet identifies available industry positions at participating
			 institutions in accordance with position listings defined in the Directory of
			 Occupations.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 455.00 - Correctional Industries › Section 455.09 - Inmate Compensation

Current through Register 1525, July 5, 2024
(1) In accordance
			 with M.G.L. c. 127, § 48A, the Commissioner is authorized, subject to
			 appropriation from the General Fund, to establish a system of compensation for
			 inmates of the correctional institutions of the Commonwealth who perform good
			 and satisfactory work. The Commissioner may establish a graduated scale of
			 compensation to be paid to inmates in accordance with their skill and industry,
			 and the Commissioner shall establish, and may at any time amend or annul rules
			 and regulations for carrying out the purposes of 103 CMR 455.09.
(2) Hourly wages for inmates shall be
			 determined by the percentage of the work force and degree of skill observed by
			 and demonstrated to the Shop Instructor or Shop Manager who reports directly to
			 the Industries Supervisor.
(3) Full
			 time employees are those who work all day, morning and afternoon in the
			 Industrial Shops for no less than 30 hours a week. Part time employees are
			 those employees who work every morning (approx. 70 hours a month) or every
			 afternoon (approx. 50 hours a month). Where necessary and practical, evening
			 work hours may be established and counted toward full time. Generally, only
			 inmates working full time in Industries will be eligible for top pay grades.
			 Inmates who are working part time will receive lower pay unless they are highly
			 skilled and it is to Industries advantage to employ them part time at the top
			 pay grades.
(4) Inmates working
			 full time schedules will be entitled to compensation at time and a half for
			 those hours worked in excess of their normal full time work day.
(5) Wage increases shall not be allowed for
			 any period during which industrial good time is disallowed. An increase based
			 upon actual employment may be withheld for violation of institution/shop rules,
			 shop security, safety rules, Department rules and procedures, or operational
			 procedures.
(6) Payment will be
			 made for those legal holidays as defined in M.G.L. c. 4, § 7 provided that
			 the inmate has worked their regular scheduled shift the day prior to and their
			 regular scheduled shift the day the shop opens immediately following a
			 holiday.
(7) Industrial good time
			 will be given to inmates who work 80% of his or her available scheduled work
			 during the month at the rate of ten days per month.
(8) Good time credits are normally to be
			 awarded for satisfactory and diligent work on the basis of a full-calendar
			 month participation.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 455.00 - Correctional Industries › Section 455.11 - Performance Evaluation and Non-conformance with Shop Rules and Occupational Procedures

Current through Register 1525, July 5, 2024
(1) Workers will be
			 reviewed as required by institutional procedures.
(2) There shall be no time requirement for
			 inmate advancement in pay grade. Advancement shall be based on an individual's
			 performance which shall be evaluated by the following criteria:
(a) Consistency in maintaining production
			 quotas;
(b) Consistency in
			 maintaining quality workmanship;
(c) Consistency in maintaining a good work
			 attitude;
(d) Consistency in
			 maintaining good working relationships with supervisors and fellow
			 workers;
(e) Consistency in
			 observing safety, sanitation and hazardous material handling rules;
(f) Compliance with security regulations
			 regarding inmate movement and tool control;
(g) Availability of a higher paying
			 slot.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 455.00 - Correctional Industries › Section 455.12 - Compensation for Work Related Inmate Injuries

Current through Register 1525, July 5, 2024
(1) The first three working days of time lost
			 due to work related injuries will be paid at the full regular rate including
			 longevity where applicable.
(2)
			 Time after the first three working days will be paid at 50% of the regular rate
			 including longevity pay. Overtime pay is not considered part of the regular
			 rate.
(3) Injuries sustained by
			 inmate workers, willfully or with intent to injure others, or injury suffered
			 in any activities not directly related to their work assignments, will not be
			 eligible for compensation under 103 CMR 455.12(1) and (2).
(4) A medical report of disability, cause of
			 disability, and length of recuperation must be provided to Industries
			 Supervisor prior to compensation for work related injuries.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 455.00 - Correctional Industries › Section 455.13 - Industries Staff (Institution)

Current through Register 1525, July 5, 2024
(1) Each
			 Superintendent with an industries operation within the institution shall
			 develop, in concert with the Industries Supervisor, policies and procedures for
			 maintaining tight security. These policies and procedures shall deal with all
			 security areas necessary, which shall include, but not be limited to, the
			 following:
(a) Inmate control (counts, hourly
			 counts, pat searches, time card control);
(b) Tool control (use of machine tools and
			 equipment, portable hand tools);
(c) Material control (consumables, raw
			 materials, finished goods, hazardous/flammables);
(d) Shipping and receiving truck control
			 (type of shipments, responsibilities for inspection);
(e) Relations between industries staff and
			 institution security staff (clear definition of who performs what
			 functions).
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 455.00 - Correctional Industries › Section 455.14 - Industries Catalog

Current through Register 1525, July 5, 2024
(1) It is the
			 policy of Correctional Industries that a copy of the Industries Catalog shall
			 be made available to outside agencies on an as needed basis.
(2) If, in order to comply with state law,
			 all state, county and municipal agencies must purchase available items and
			 materials from Correctional Industries, provided that specifications and time
			 schedules for delivery can be met, it shall not be the responsibility of
			 Correctional Industries to be the enforcing agency.
(3) The Industries Catalog shall provide
			 instructions for ordering from the catalog price list and a listing of products
			 and services.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 455.00 - Correctional Industries › Section 455.15 - Fiscal Operation and Control Procedures

Current through Register 1525, July 5, 2024
(1)
Cost Accounting Systems -
			 General
.
(a) All costs in
			 Correctional Industries associated with manufacturing operations shall be
			 properly accumulated to facilitate planning, pricing, product or service
			 profitability, work force performance and decision making.
(b) The four major elements comprising the
			 cost of a Correctional Industry product are:
1. Material;
2. Labor;
3. Manufacturing Overhead;
4. Marketing/Administrative
			 Expenses/Reserves.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 455.00 - Correctional Industries › Section 455.16 - Responsible Staff

Current through Register 1525, July 5, 2024
(1) The
			 Department's Director of Industries, under the supervision of the Deputy
			 Commissioner of Administration or designee, shall be responsible for the
			 monitoring and implementation of
			 103 CMR
			 455.00 throughout the Department.
(2) Each Superintendent who has an industries
			 program in his or her institution, in concert with the Industries Supervisor,
			 shall be responsible for the implementation of
			 103 CMR
			 455.00 and for the development of any and all
			 institution procedural and operational guidelines necessary to interpretation
			 and implementation of
			 103 CMR
			 455.00. All such guides are subject to written
			 approval by the Commissioner or designee.