reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.06 - Philosophy

Current through Register 1525, July 5, 2024
It is the Department's philosophy to train staff to use only
				the amount of force necessary to: gain control of an inmate; to protect and
				ensure the safety of all inmates, staff and others; to prevent significant
				property damage; and, to ensure institution safety, security and good order.
				Force shall never be used as a form of punishment. Staff shall also be trained
				in methods of de-escalating a conflict whenever feasible, and instructed that
				force shall only be used as a last resort in resolving any conflict. By using
				de-escalation techniques the Department recognizes that safer alternatives to
				force are sometimes available, which shall prevent injuries to staff and
				inmates. Moreover, the Department recognizes that de-escalation does not
				compromise staffs' authority over inmates; rather, it allows staff to deal with
				the disruption on their terms.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.08 - Philosophy

Current through Register 1525, July 5, 2024
(1)
De-escalation
			 Requirement
. It is the Department's philosophy and practice to
			 train staff to attempt to de-escalate any situation involving conflict where
			 the need for use of force may arise. Staff shall attempt to employ
			 de-escalation techniques prior to any use of force. Staff shall only use the
			 amount of reasonable and proportionate force, given the totality of the
			 circumstances, necessary to gain control of an inmate; protect and ensure the
			 safety of all inmates, staff, and others; prevent significant property damage;
			 and ensure institution safety, security, and good order. Force shall never be
			 used as a form of punishment. Staff shall be trained in methods of
			 de-escalation, and instructed that force may only be used as a last resort. By
			 using de-escalation techniques, the Department recognizes that safer
			 alternatives to force may be available, which in turn may prevent injuries to
			 staff and inmates.
(2)
Scope
. The application of Oleoresin Capsicum (OC) and
			 chemical agents, and use of firearms, electronic control devices, instruments
			 of restraint equipment (when force is used to apply restraints), and canines
			 (when used to physically apprehend, impede, or subdue an inmate) shall
			 constitute a use of force and are therefore subject to
			 103 CMR
			 505.00. The Department shall develop internal policies
			 and requirements consistent with
			 103 CMR
			 505.00 for the purpose of internal management,
			 establishing administrative procedures, and providing more detailed guidance
			 for employees. The policies are available to the public upon request.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.09 - Use of Force

Current through Register 1525, July 5, 2024
(1) Staff shall
			 attempt to use De-Escalation tactics prior to any use of force. Where
			 De-Escalation tactics are unsuccessful or are not possible, an employee may use
			 reasonable and proportionate force in the manner stated in the Use of Force
			 Pyramid, and given the totality of the circumstances, when it is necessary to
			 do the following:
(a) prevent an act which
			 could result in death or serious bodily injury to themselves or another
			 person;
(b) defend themselves or
			 another against a physical assault;
(c) prevent or control a riot or
			 disturbance
(d) prevent an escape
			 or apprehend an escaped inmate;
(e)
			 preserve the overall order and security of the institution, or preserve the
			 safety of any employee, inmate, or visitor;
(f) prevent significant damage to
			 property;
(g) conduct a search of
			 an inmate who has refused an employee's order to submit to said search;
			 or
(h) move an inmate who has
			 refused an employee's order to move.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.10 - Duty to Intervene

Current through Register 1525, July 5, 2024
Any staff person who reasonably believes they are observing
				another staff member using excessive force has a duty to intervene to the
				extent possible to stop the use of excessive force. The level of such
				intervention shall be dependent on the totality of the circumstances known to
				the staff member observing excessive force.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.11 - Planned Use of Force

Current through Register 1525, July 5, 2024
(1) Prior to a
			 Planned Use of Force, staff shall use all available means to find an
			 alternative to a use of force in order to gain the inmate's voluntary
			 compliance to a lawful order.
(2)
			 Prior to a Planned Use of Force, the Superintendent/designee shall ensure that
			 an Impartial Staff Member speaks with the inmate in an attempt to achieve
			 voluntary compliance and avoid the use of force. Whenever possible, this staff
			 member shall be someone who was not involved in the situation with the inmate
			 with the goal of de-escalating the situation without using force.
(3) A Planned Use of Force should only be
			 conducted when the Shift Commander has assembled and outfitted the designated
			 Cell/Area Extraction Team and developed and communicated a strategy for the
			 Cell/Area Extraction, assigned a Team Leader, and ensured that a Qualified
			 Health Care Professional is present.
(4) The Team Leader shall communicate the
			 appropriate course of action for the Cell/Area Extraction to the Team.
			 Procedures shall be developed to ensure that the briefing of all team members
			 is video recorded.
(5) All planned
			 Cell/Area Extractions shall be video recorded.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.12 - Use of Force Involving Inmates on Therapeutic Supervision or in Certain Specialized Housing Units

Current through Register 1525, July 5, 2024
In a Planned Use of Force situation involving an inmate who is
				on Therapeutic Supervision, or who is in a specialized unit for inmates with
				mental health needs, such as the Secure Treatment Program or Behavioral
				Management Unit, the Superintendent/designee shall ensure that a Qualified
				Mental Health Professional (QMHP) or an Impartial Staff Member if a QMHP is not
				available, and it is deemed safe to do so, speaks with the inmate prior to a
				Cell/Area Extraction in an attempt to achieve voluntary compliance and avoid
				the use of force. The goal is de-escalation of the situation without using
				force.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.13 - Prohibitions on the Use of Excessive Force

Current through Register 1525, July 5, 2024
(1)
			 A staff person shall not use or permit the use of excessive force.
(2) A staff person shall not use or permit
			 the use of force as inmate punishment or discipline.
(3) Any staff person who observes excessive
			 force shall submit a comprehensive incident report which sets forth their
			 observations and the nature of their intervention to the supervisor or Shift
			 Commander using the fastest means available. Such report shall be consistent
			 with the requirements of
			 103
			 CMR 505.17.
(4) A failure to comply with the following
			 requirements shall be considered excessive force:
(a) Staff members shall not use their body
			 weight for longer than necessary to gain control of and/or restrain the inmate
			 in situations involving an unrestrained inmate who is resisting efforts of
			 staff members to gain control.
(b)
			 Staff members shall never sit or put their body weight on an inmate's back,
			 chest, or abdomen once an inmate is secured in restraints.
(c) Staff members shall never connect
			 handcuffs to leg restraints.
(d)
			 Staff members shall not intentionally sit, kneel, or stand on an inmate's chest
			 or spine, and shall not force an inmate to lie on their stomach except when
			 necessary to gain, regain, or maintain control of an inmate and apply
			 restraints. Staff members shall not intentionally sit, kneel, or stand on an
			 inmate's neck or head.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.14 - Requirements Governing the Use of OC, Chemical Agents, Specialty Impact Munitions/Distraction Devices, Batons, and Electronic Control Devices

Current through Register 1525, July 5, 2024
(1) The Department
			 shall maintain a public policy, consistent with
			 103 CMR
			 505.00, containing the requirements governing the use
			 of OC, Chemical Agents, Specialty Impact Devices, Distraction Devices, Batons,
			 and ECDs, titled 103 DOC 509,
Chemical Agents, Specialty Impact
			 Munitions/Distraction Devices, Batons, and ECDs
.
(2) The successful application of OC,
			 Chemical Agents, Specialty Impact Munitions, Batons, or ECDs shall be
			 considered a use of force and the reporting requirements of
			 103
			 CMR 505.18 shall be followed. Only OC,
			 Chemical Agents, Specialty Impact Munitions, Distraction Devices, Batons, and
			 ECDs approved by the Commissioner and issued by the Department shall be
			 used.
(3) Specialty Impact
			 Munitions, Distraction Devices, Batons, and ECDs shall not be used as a prod;
			 to rouse an unconscious, impaired, or intoxicated inmate; against any inmate
			 using passive resistance when there is no immediate threat of bodily harm; or
			 to enforce an order after an inmate has been immobilized or a threat has been
			 neutralized.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.15 - Requirements Governing the Use of Instruments of Restraint

Current through Register 1525, July 5, 2024
(1) The Department shall maintain a public
			 policy, consistent with
			 103 CMR
			 505.00, containing the requirements governing the use
			 of Instruments of Restraint, titled 103 DOC 520,
Instruments of
			 Restraint
.
(2) The use of
			 Instruments of Restraint shall only be considered a use of force when force is
			 required by an employee to apply said restraints, in which case the reporting
			 requirements of
			 103
			 CMR 505.18 shall apply.
(3) The use of instruments of restraint may
			 only be used to control an inmate who presents an immediate risk of self-injury
			 or injury to others, to prevent serious property damage, or when necessary, as
			 a security precaution, or during transfer or transport.
(4) The use of Instruments of Restraint shall
			 not be used as a form of punishment or retaliation and an inmate should not be
			 restrained in any manner that causes unnecessary physical pain or extreme
			 discomfort, or that restricts the inmate's blood circulation or obstructs the
			 inmate's breathing or airways. Inmates should not be hog-tied or restrained in
			 a fetal or prone position.
(5) The
			 manner and method of restraint shall take account of the known special needs of
			 inmates who have physical or mental disabilities, and of inmates who are under
			 the age of eighteen or are geriatric, as well as the limitations of pregnant
			 inmates or those who have recently given birth, consistent with M.G.L. c. 127,
			 § 118.
(6) Only Instruments of
			 Restraint approved by the Commissioner and issued by the Department shall be
			 used.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.16 - Requirements Governing the Use of Firearms

Current through Register 1525, July 5, 2024
(1)
			 The Department shall maintain a public policy, consistent with
			 103 CMR
			 505.00, containing the requirements governing the use
			 of Firearms, titled 103 DOC 508,
Firearms
.
(2) The use of a Firearm shall be considered
			 a use of Lethal Force and the reporting requirements of
			 103
			 CMR 505.17 shall be followed. Only Firearms
			 approved by the Commissioner and issued by the Department shall be
			 used.
(3) An employee qualified to
			 use a Firearm may use a Firearm only when all other means have been attempted
			 or it is reasonable to believe that they would be ineffective, and only under
			 the limited circumstances specified in the Department's policy governing use of
			 Firearms.
(4) Firearms shall not be
			 used without the prior authorization of the Commissioner, or a designee; the
			 Superintendent, or a designee; the Division Head, or a designee; unless an
			 emergency exists requiring the immediate use of Firearms.
(5) Anyone who is injured because of the
			 discharge of a Firearm shall receive immediate medical care. Such care shall be
			 documented.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.17 - Requirements Governing the Use of K-9 Units

Current through Register 1525, July 5, 2024
(1) The Department shall maintain a public
			 policy, consistent with
			 103 CMR
			 505.00, containing the requirements governing the use
			 of K-9 Units, titled 103 DOC 558,
K-9 Units
.
(2) The Department utilizes specially trained
			 canines, working with trained K-9 officers who are subject to the supervision
			 of the K-9 Unit Commander. There are several K-9 Units and, with the exception
			 of the K-9 Patrol Unit, they are used for contraband detection. The use of
			 canines is governed by the Department's K-9 policy.
(3) Canines, when used to physically
			 apprehend, impede, or subdue an inmate, shall constitute a use of
			 force.
(4) The K-9 Patrol Unit
			 shall not enter a correctional institution without prior permission from the
			 Commissioner and may only be used in order to regain control during a major
			 disorder. The Commissioner's permission shall not preclude an inmate from
			 filing a complaint alleging excessive force, which shall be investigated by the
			 Professional Standards Unit under 505.21(3).
(5) Only K-9 Units approved by the
			 Commissioner shall be used within any correctional institution.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.18 - Reporting Requirements for the Use of Force

Current through Register 1525, July 5, 2024
(1) After an employee uses force, the
			 Superintendent/designee, or the Division Head/designee shall be notified
			 immediately. In addition, the employee and any witnesses shall submit a
			 comprehensive written report to the Superintendent or the Division Head, as
			 soon as possible, and in no event later than the end of the employee's tour of
			 duty, unless otherwise authorized by the Superintendent/designee or Division
			 Head/designee. Such authorization shall be documented in the
			 Superintendent's/Division Head's Cover Letter. The report shall include the
			 following:
(a) An accounting of the events
			 leading up to the use of force;
(b)
			 The threat perceived by the reporting officer and the need for force as the
			 appropriate response to the perceived threat;
(c) A precise description of the type of
			 force used, amount of force used, and how force was used;
(d) A precise description of any
			 de-escalation technique(s) utilized, and efforts made to temper the severity of
			 the forceful response;
(e) A
			 description of the injuries suffered, if any, and the treatment given, if
			 known, along with attached photographs, if any;
(f) An assessment of the severity of the
			 security problem at issue when force was used;
(g) A description of the inmate's actions
			 that are interpreted by the staff member as resistance; and
(h) A list of all participants and witnesses
			 involved in the incident known to the reporting officer.
The designee for the Superintendent for the purposes of
				103
				CMR 505.17 shall be either a Deputy
				Superintendent or the Director of Security. The designee for the Division Head
				shall be a Deputy Director or Captain.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.19 - Use of Force Package

Current through Register 1525, July 5, 2024
(1) The Use
			 of Force Package, which shall be compiled by the Superintendent or designee,
			 must be completed and forwarded to the Special Operations Division (SOD) within
			 20 business days of the date of the incident. In addition, an electronic
			 notification shall be sent to the Professional Standards Unit. The Use of Force
			 Package shall include:
(a) A Cover Letter
			 authored by the Shift Commander;
(b) A Cover Letter authored by the
			 Superintendent or Division Head, or in their absence a designee (designee for
			 the purpose of
			 103
			 CMR 505.18 shall be a Deputy Superintendent
			 or Deputy Director);
(c) The
			 completed Electronic Summary Reporting Form from the Use of Force
			 Database;
(d) All relevant employee
			 incident reports reviewed by the Shift Commander;
(e) Video recording(s) (if available),
			 necessary to assist with determining the reasonableness of a use of force,
			 which may include video recording(s) before, and/or during a use of
			 force;
(f) Photographs (if
			 available); and
(g) Any additional
			 documentation the Superintendent or Division Head determines is necessary for a
			 complete review of the incident.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.20 - Death and Serious Bodily Injury

Current through Register 1525, July 5, 2024
(1)
			 Whenever a use of force results in serious bodily injury or the death of an
			 inmate, the Superintendent or Division Head shall immediately notify the Chief
			 of the Office of Investigative Services and the Commissioner by the fastest
			 means available. The Chief of the Office of Investigative Services or designee
			 shall notify the applicable District Attorney's Office by the fastest means
			 available.
(2) Whenever a use of
			 force results in a serious bodily injury or death, the Use of Force package
			 shall be submitted to the Joint Triage Committee (JTC) for review to determine
			 whether the Use of Force should be Cleared, Closed, and Filed, or referred to
			 as "Reasonable with Further Action", or referred to the Professional Standards
			 Unit for a full investigation.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.21 - Staff Misconduct and Inmate Allegations or Complaints

Current through Register 1525, July 5, 2024
(1) Staff misconduct
			 discovered during the review of a use of force incident shall be documented and
			 reported immediately to the responsible Assistant Deputy Commissioner or
			 supervisor, and the Professional Standards Unit. In the case of a Division
			 Head, the matter shall be referred to their supervisor. An intake for a formal
			 investigation shall be submitted to the Professional Standards Unit.
(2) Any retaliation against persons who
			 report an incident of excessive force shall be governed by Department policies,
			 including not but limited to 103 DOC 522, Professional Standards Unit, and 103
			 DOC 239, Prevention and Elimination of Workplace Violence.
(3) Any allegations or complaints filed by an
			 inmate or on behalf of an inmate regarding a use of force shall be investigated
			 in accordance with the Professional Standards Unit's procedures. Such
			 investigation shall include interviews with participants, and witnesses,
			 including inmates.
(4) The
			 Professional Standards Unit shall have access to the Use of Force
			 database.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.22 - Debriefing

Current through Register 1525, July 5, 2024
(1) The Shift Commander and the Team
			 Leader/OIC, including any Impartial Staff Member used, shall hold a debriefing
			 for all staff members involved in a use of force by the end of the shift. The
			 debriefing shall be documented in the Shift Commander's Cover Letter. In
			 exigent circumstances, if a debriefing cannot be held before the end of the
			 shift, the Superintendent/designee or Division Head/designee may authorize the
			 debriefing to take place at a later date, provided that the debriefing take
			 place before the submission of the Use of Force Package (designee for the
			 purpose of
			 103
			 CMR 505.21 shall be a Deputy Superintendent
			 or Deputy Director). Such circumstances and authorization shall be documented
			 in the Shift Commander's and Superintendent's/Division Head's Cover
			 Letters.
(2) Staff members involved
			 in a use of force (use/assisted/witness) shall have the opportunity to review
			 the video recording(s) with the Shift Commander and Team Leader/Officer in
			 Charge to evaluate their performance in accordance with
			 103
			 CMR 505.18(2).
(3) A summary of the debriefing, with any
			 corresponding recommendations of corrective action (if applicable), including
			 training, shall be submitted to the Superintendent/Division Head by the Shift
			 Commander
via
the Shift Commander's Cover Letter. Any
			 immediate concerns shall be reported to the Superintendent/Division Head or
			 designee by the Shift Commander via the fastest means available and later
			 documented in the Shift Commander's Cover Letter. The designee for the
			 Superintendent for the purposes of
			 103
			 CMR 505.21 shall be either a Deputy
			 Superintendent or Director of Security. The designee for the Division Head
			 shall be a Deputy Director or the Shift Commander's immediate
			 supervisor.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.23 - Medical Treatment

Current through Register 1525, July 5, 2024
(1) Qualified
			 Healthcare Professionals shall examine any inmate involved in a use of force as
			 soon as possible and, if feasible, outside the presence of any correctional
			 officer involved in the use of force. Where the inmate has sustained an injury,
			 such examination shall include, photographs of such injury. This examination,
			 treatment performed, or refusal shall be communicated directly to a Qualified
			 Healthcare Professional and shall be documented in an inmate's medical file as
			 well as in an incident report. Medical examinations that take place more than
			 30 minutes from the time force was last utilized will require an explanation in
			 the Shift Commander's and Superintendent's Cover Letters to determine if such a
			 delay was reasonable.
(2) In the
			 case of a use of force involving an inmate who is on Therapeutic Supervision,
			 or who is in a specialized unit for inmates with mental health needs, such as
			 the Secure Treatment Program or Behavioral Management Unit, a Qualified Mental
			 Health Professional (QMHP) shall examine the inmate as soon as
			 practicable.
(3) Any employee
			 injured during a use of force shall be examined as soon as possible by a
			 Qualified Healthcare Professional. Such care, treatment or refusal shall be
			 made directly to a Qualified Healthcare Professional and shall be documented in
			 an incident report by the Qualified Healthcare Professional. These reports
			 shall be marked as confidential and may only be disseminated in accordance with
			 state or federal laws.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.24 - Sanctions for Violation of 103 CMR 505.00

Current through Register 1525, July 5, 2024
Any employee who violates the provisions of
				103 CMR
				505.00 and/or any of the policies referenced in this
				regulation shall be subject to disciplinary action up to and including
				termination.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.25 - Training in the Use of Force

Current through Register 1525, July 5, 2024
The Department shall provide all employees with standardized
				training in approved methods of using physical force, and de-escalation
				techniques. The Department shall utilize training materials consistent with
				those used by the Massachusetts Municipal Police Training Committee. The
				Department shall also provide all employees charged with the care and custody
				of inmates with standardized training in the use of Instruments of Restraint,
				OC or Chemical Agents, and firearms, to control inmates where necessary. In
				addition, each Superintendent/ Division Head shall identify staff members from
				each shift who shall also receive standardized training in video recording. Any
				of the above-mentioned training received shall be documented in each employee's
				permanent training file as maintained by the Division of Staff
				Development.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.26 - Data Collection and Tracking

Current through Register 1525, July 5, 2024
(1) All uses of
			 force occurring throughout the Department of Correction shall be entered into a
			 Use of Force Database. The information shall be tracked to promote compliance
			 with 103 CMR
			 505.00 and consistency in the reporting of these
			 incidents.
(2) The Director of
			 Operational Services and Professional Standards Unit shall conduct an analysis
			 of all uses of force which occur within the Department when requested by the
			 Commissioner and generate reports to measure the Department's performance
			 against benchmarks as determined by the Commissioner.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.27 - Annual Review

Current through Register 1525, July 5, 2024
103 CMR
				505.00 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 505.00 - Use Of Force › Section 505.28 - Severability Clause

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of 103 CMR
				505.00 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, subsection, sentence, clause, or phrase of
				103 CMR
				505.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 761.00 - Access To Therapeutic Diets And Medical Care › Section 761.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				103 CMR 761.00 is to
				establish consistent guidelines and procedures for ensuring access to
				therapeutic diets and appropriate medical care for all inmates who require such
				diets.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 761.00 - Access To Therapeutic Diets And Medical Care › Section 761.02 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR 761.00 cancels all
				previous Department of Correction (Department) policy statements, bulletins,
				directives, orders, notices, rules and regulations regarding access to
				therapeutic diets which are inconsistent with
				103 CMR
				761.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 761.00 - Access To Therapeutic Diets And Medical Care › Section 761.04 - Access to Regulation

Current through Register 1525, July 5, 2024
103 CMR 761.00 shall be
				maintained in the Department's Central Policy File, in each superintendent's
				Central Policy File and in each inmate library. Copies of
				103 CMR 761.00 shall be
				accessible to all Department employees and inmates. This includes Bridgewater
				State Hospital and it is understood that the term "inmate" as used in
				103 CMR 761.00 shall be
				replaced with patient, where applicable.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 761.00 - Access To Therapeutic Diets And Medical Care › Section 761.05 - Definitions

Current through Register 1525, July 5, 2024
Assistant Deputy Commissioner of Clinical
				Services
. The chief executive officer of the Department's Health
				Services Division.
Business Day
. Monday through Friday,
				exclusive of state or federal holidays.
Commissioner
. The chief executive
				officer of the Department of Correction.
Complaint
. A written complaint by an
				inmate submitted to the superintendent in accordance with
				103 CMR 761.00.
Contractual Medical Provider
. Any
				provider of medical, dental, mental health treatment who is not an employee of
				the Department and who provides services through a contractual
				agreement.
Department
. Department of
				Correction.
Deputy Commissioner of the Administrative Services
				Division
. The executive staff person whose duties include, but are
				not limited to the management of the Department's Food Services
				Division.
Dietician
. A registered dietician
				employed by the Contractual Medical Provider, or if no contractual medical
				provider, by the Department.
Food Service
. All kitchen personnel
				employed by the Department, equipment and area where food is stored, prepared,
				and/or consumed.
Food Service Manager/Supervisor
. The
				person designated by the superintendent whose duties include, but are not
				limited to, the daily management of the food service operation within the
				institution.
Health Services Administrator
. The
				individual designated by the Contractual Medical Provider, or if no contractual
				medical provider, by the Department, to oversee and manage one or more
				institutional Health Services Units and associated treatment areas.
Health Services Unit
. The health care
				units located in any Department institution.
Institution
. Any correctional facility
				operated by the Department.
Program Medical Director
. Contractual
				Medical Provider staff member responsible for clinical supervision Contractual
				Medical Provider staff.
R.D.A.
Recommended daily allowance
				regarding meal nutrition as prescribed by the National Academy of
				Sciences.
Superintendent
. The chief
				administrative officer of a correctional institution.
Therapeutic Diet
. A diet prescribed by
				a physician or dentist employed by the Contractual Medical Provider, or if no
				contractual medical provider, by the Department.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 761.00 - Access To Therapeutic Diets And Medical Care › Section 761.06 - Therapeutic Diet Preparation

Current through Register 1525, July 5, 2024
Each superintendent shall develop written procedures regarding
				the preparation and provision of therapeutic diets, which shall be consistent
				with
				103 CMR 761.00.
(1) All therapeutic diets shall be consistent
			 with national standards developed by the American Dietetic
			 Association.
(2) Menus for the
			 types of therapeutic diets required shall be developed by the dieticians. These
			 menus should conform as closely as possible to the Department's cycle menu,
			 consistent with 103 CMR 761.06(1).
(3) Food Services Departments at each
			 institution shall follow the therapeutic menus developed by the dietician when
			 preparing all therapeutic diet orders. Any substitutions made in the
			 therapeutic meals shall be documented and be in accordance with the
			 substitution guidelines approved by the dieticians for therapeutic diets.
			 Copies of all therapeutic diet menus shall be retained by the institution for
			 the dietician's review.
(4)
			 Therapeutic diets menus shall be reviewed by the dieticians at least every six
			 months or whenever there is a substantial change in the Department's cycle
			 menus.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 761.00 - Access To Therapeutic Diets And Medical Care › Section 761.08 - Procedures Upon Transfers

Current through Register 1525, July 5, 2024
(1) Therapeutic
			 diets shall be automatically continued when an inmate is transferred to a
			 different facility, unless the receiving facility's physician determines
			 otherwise.
(2) An Intrasystem
			 Transfer Form which specifies the type of therapeutic diet and medications
			 required, shall be forwarded to the receiving Health Services Unit upon an
			 inmate's transfer. The Health Services administrator shall promptly notify the
			 Food Service manager/supervisor of the transferred inmate's dietary
			 requirements by transmitting a Diet Order Form to the Food Service
			 manager/supervisor. Health Services Unit staff shall also enter the information
			 into the IMS Medical Orders screen, thus generating an electronic notification
			 to food services staff. The food services manager/supervisor shall view the IMS
			 Notifications screen on a daily basis in order to identify new and changed diet
			 orders.
(3) Each superintendent
			 shall develop written procedures to ensure that therapeutic diets and
			 prescribed medications are continued if an inmate is placed in segregation, on
			 awaiting action status, on alternate feeding status, or during institutional
			 lockdowns, except when access to the inmate for the provision of diet and
			 medications is precluded due to emergency circumstances. In situations where an
			 emergency has been declared every effort shall be made to address the critical
			 needs of an inmate as related to the provision of therapeutic diets and
			 prescribed medications.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 761.00 - Access To Therapeutic Diets And Medical Care › Section 761.09 - Complaint Procedure for Access to Therapeutic Diets

Current through Register 1525, July 5, 2024
(1)
Informal Processing of Inmate
			 Complaints
.
(a) Each institution
			 shall develop informal measures for resolving inmate complaints whereby inmates
			 are encouraged to communicate their problem to the staff person responsible in
			 the particular area of the problem, their counselor or case manager, the
			 appropriate Department head or other institutional and medical provider staff.
			 Staff awareness as to the need for prompt attention and response to these
			 complaints will minimize the use of formal complaint procedures.
(b) No disciplinary action shall be taken
			 against an inmate as a result of communication of a complaint, unless the
			 complaint is knowingly false or misleading or the inmate's conduct otherwise
			 gives rise to a disciplinary infraction.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 761.00 - Access To Therapeutic Diets And Medical Care › Section 761.10 - Compliance Procedures

Current through Register 1525, July 5, 2024
(1) The Food
			 Service Division shall maintain daily records of inmate compliance with a diet.
			 A copy of all compliance records shall be given to the dieticians on a monthly
			 basis.
(2) When an inmate fails to
			 take a diet meal for seven out of 21 meals, the Food Service director may
			 notify the Health Services administrator who shall arrange for the inmate to be
			 seen by a member of the medical staff, within a reasonable time, for
			 consultation and counseling.
(3)
			 Should an inmate continue to refuse to take the diet meal, the Food Service
			 director may notify the Health Services administrator who shall make
			 arrangements for the inmate to be seen by a dietician, within a reasonable
			 time, for consultation and counseling.
(4) If an inmate continues to refuse diet
			 meals which comply with
			 103 CMR 761.06(1)
			  after the above steps are taken or
			 attempted, the Food Service director shall notify the Health Services
			 administrator, who shall make arrangements for the inmate to sign a Refusal of
			 Treatment Form. In the event that the inmate refuses to sign this form, two
			 Department or Contractual Medical Provider staff members, at least one of whom
			 shall be a medical professional, shall sign the form as witnesses to the
			 inmate's refusal.
(5) An inmate
			 shall resume a therapeutic diet upon request, if still medically required by
			 contacting the Health Services administrator who shall follow the procedures
			 for access to special diets.
(6)
			 Inmates shall not be subject to disciplinary proceedings solely for
			 non-compliance with therapeutic meals. However, inmates on therapeutic diets
			 shall be subject to disciplinary proceedings, similar to all other inmates, for
			 giving away any portion of their meals to other inmates. Any staff member that
			 observes an inmate giving a diet meal to another inmate shall document this
			 incident via an incident report. This incident report shall be forwarded to the
			 institution Food Service director who shall forward the incident report to the
			 medical provider's dietician for the institution.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 761.00 - Access To Therapeutic Diets And Medical Care › Section 761.11 - Training and Staff Development

Current through Register 1525, July 5, 2024
(1)
			 In-service training of Food Service staff and correctional staff shall promote
			 awareness of the importance of compliance with prescribed dietary and medical
			 regimens.
(2) Basic training shall
			 focus on developing staff sensitivity to the importance of therapeutic diets
			 and unimpeded access to medical care.
(3) In-service training shall include a
			 specialized program for food service staff designed to promote awareness of the
			 importance of compliance with prescribed dietary and medical
			 regimens.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 761.00 - Access To Therapeutic Diets And Medical Care › Section 761.12 - Responsible Staff

Current through Register 1525, July 5, 2024
(1) The Deputy
			 Commissioner of the Administrative Services Division or his/her designee shall
			 implement
			 103 CMR 761.00 as it relates
			 to food services.
(2) The Assistant
			 Deputy Commissioner of Clinical Services or his/her designee shall implement
			 103 CMR 761.00 as it relates
			 to health services.
(3) Each
			 superintendent shall implement this policy and develop any and all necessary
			 institutional procedures and policies.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 761.00 - Access To Therapeutic Diets And Medical Care › Section 761.14 - Severability

Current through Register 1525, July 5, 2024
If an article, section, subsection, sentence, clause or phrase
				of
				103 CMR 761.00 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, subsection, clause or
				phrase of
				103 CMR
				761.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 900.00 - County Correctional Facilities - General Provisions › Section 900.01 - General Purpose

Current through Register 1525, July 5, 2024
103 CMR 900.00 through
				979.00 establish standards
				for the care and custody of all persons committed to any county correctional
				facility and provisions for enforcement of such standards.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 900.00 - County Correctional Facilities - General Provisions › Section 900.02 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR 900.00 through
				979.00 cancel all previous
				CMR rules and regulations, policy statements, bulletins, directives, orders and
				notices regarding standards for the care and custody of all persons
				committed/housed in any county correctional facility which are inconsistent
				with
				103 CMR 900.00 through
				979.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 900.00 - County Correctional Facilities - General Provisions › Section 900.03 - Statutory Authority

Current through Register 1525, July 5, 2024
103 CMR 900.00 through
				979.00 are issued pursuant
				to M.G.L. c. 124, §§ 1(d) and (q) and c. 127, §§ 1A and 1B,
				and are 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 900.00 - County Correctional Facilities - General Provisions › Section 900.04 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause, or
				phrase of
				103 CMR 900.00 through
				979.00 is for any reason
				held to be unconstitutional, contrary to statute, in excess of the authority of
				the Commissioner or otherwise inoperative, such decisions shall not affect the
				validity of any other article, section, subsection, sentence, clause or phrase
				of
				103 CMR 900.00 through
				979.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 900.00 - County Correctional Facilities - General Provisions › Section 900.05 - Other State Requirements

Current through Register 1525, July 5, 2024
All new and existing county correctional facilities shall
				conform to state and local fire, health, safety and building codes as required
				by statute, as long as compliance would not interfere with the facility
				maintaining the security and confinement of the detainees and/or sentenced
				inmates.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 900.00 - County Correctional Facilities - General Provisions › Section 900.06 - Other Local Requirements

Current through Register 1525, July 5, 2024
Nothing contained in
				103 CMR 900.00 through
				979.00 shall prohibit the
				Sheriff/county officials operating county correctional facilities from adopting
				standards and requirements governing their own employees and facilities,
				provided such standards and requirements are not inconsistent with
				103 CMR 900.00 through
				979.00 or other applicable
				law.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 900.00 - County Correctional Facilities - General Provisions › Section 900.07 - Non-discriminatory Treatment

Current through Register 1525, July 5, 2024
No person confined at any county correctional facility shall be
				denied the equal protection of the law nor shall be subject to discriminatory
				treatment on the basis of race, religion, creed, sex, sexual orientation,
				handicap or national origin.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 900.00 - County Correctional Facilities - General Provisions › Section 900.09 - Access to Policy

Current through Register 1525, July 5, 2024
103 CMR 900.00 through
				979.00 shall be maintained
				at each county correctional facility and shall be accessible to all employees.
				When appropriate and applicable,
				103 CMR 900.00 through
				979.00 are to be accessible
				to inmates.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 900.00 - County Correctional Facilities - General Provisions › Section 900.10 - Responsible Staff

Current through Register 1525, July 5, 2024
(1) The Sheriff
			 shall implement and monitor
			 103 CMR 900.00 through
			 979.00 throughout each
			 county correctional system.
(2)
			 Each Sheriff or facility administrator shall implement and monitor
			 103 CMR 900.00 through
			 979.00 at his/her
			 facility.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 900.00 - County Correctional Facilities - General Provisions › Section 900.11 - Annual Review

Current through Register 1525, July 5, 2024
103 CMR 900.00 through
				979.00 shall be reviewed at
				least annually from the effective date by the Commissioner or designee. The
				party or parties shall conduct the review, in cooperation with the
				Massachusetts Sheriffs' Association, and shall develop a memorandum to the
				Commissioner with a copy to the Central Policy file indicating revisions,
				additions or deletions, and recommend actions for the Commissioner's written
				approval. A Massachusetts Sheriffs' Association (MSA) position statement on any
				matter included in the review shall, upon request of the MSA, be included with
				the memorandum to the Commissioner.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 901.00 - County Correctional Facilities - Application Of Standards › Section 901.01 - Types of Facilities

Current through Register 1525, July 5, 2024
103 CMR 900.00 through
				979.00 shall apply to any
				correctional facility subject to the control of a sheriff.
				103 CMR 900.00 through
				979.00 shall not apply to
				police station houses or lock-ups which provide brief pre-arraignment
				custody.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 901.00 - County Correctional Facilities - Application Of Standards › Section 901.02 - Inspection

Current through Register 1525, July 5, 2024
The Commissioner or designee shall visit and inspect each
				county correctional facility to determine compliance with
				103 CMR 900.00 through
				979.00 at least once every
				six months. The results of the inspection shall be documented in a draft audit
				report, which shall be sent from the Commissioner to the Sheriff. The draft
				report shall be followed by the final audit report.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 901.00 - County Correctional Facilities - Application Of Standards › Section 901.03 - Standard Categories

Current through Register 1525, July 5, 2024
Each standard has a weight of either "required" or
				"recommended". Required standards, noted by the term "Required" in text, are
				directly related to conditions or situations of life, health, and safety of any
				sentenced individual or pre-trial detainee housed in a county correctional
				facility, employees or the public. There are 34 required standards and without
				exception, efforts shall be made to meet and maintain these standards. The
				remaining standards are recommended and the facility should strive to comply.
				Every effort shall be made to maintain compliance at the level designated by
				the standards.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 901.00 - County Correctional Facilities - Application Of Standards › Section 901.04 - Waivers

Current through Register 1525, July 5, 2024
(1) Any Sheriff or facility administrator of
			 a county correctional facility in existence on the effective date of
			 103 CMR 900.00 through
			 979.00 may apply in writing
			 to the Commissioner for a waiver of one or more standards of
			 103 CMR 900.00 through
			 979.00, where existing
			 facilities prevent compliance, and when the following conditions exist:
(a) non-compliance with the standard does not
			 adversely affect the life, health and safety of staff or inmates or the
			 constitutional operation of the facility; and,
(b) overall facility programming compensates
			 for conditions resulting in non-compliance with the standard.