Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 483.00 - Visiting procedures › Section 483.15 - Exclusion of Visitors

Current through Register 1525, July 5, 2024
(1) Any visitor,
			 even one who has obtained prior permission to visit, may be denied entrance to
			 the institution or required to terminate a visit and leave the premises. M.G.L.
			 c. 266, § 123 makes it a criminal trespass to refuse to leave an
			 institution after being ordered by an officer to do so.
(2) Except as indicated in 103 CMR 483.15(6),
			 if an officer determines a visit should be denied, barred or terminated, the
			 Shift Commander shall be notified for approval. The Shift Commander shall then
			 make the decision as to whether or not the visit shall be denied, barred or
			 terminated.
(3) Before any attorney
			 is denied, barred or terminated, the Superintendent shall be consulted. In
			 accordance with
			 103 CMR 486.00:
Attorney Access at Massachusetts Correctional Institutions,
the Commissioner and/or the General Counsel shall be notified of such action by
			 the institution Superintendent or a designee within 24 hours of the incident.
			 Within 15 business days of any such action, the Superintendent shall take any
			 of the actions listed in 103 CMR 483.15(8). In addition to the right to seek
			 reconsideration or review by the Superintendent, pursuant to 103 CMR 483.15(9),
			 the attorney may immediately appeal any exclusion to the
			 Commissioner.
(4) Before any of the
			 Officials listed in
			 103 CMR
			 483.10(l)(a), is denied,
			 barred or terminated, the Superintendent shall be notified and shall then
			 consult with the Assistant Deputy Commissioner and, when appropriate, the
			 Director of Legislative Affairs. The Superintendent shall then make the
			 decision as to whether the denial, bar or termination is appropriate. Within 15
			 business days of any such action, the Superintendent shall take any of the
			 actions listed 103 CMR 483.15(8). In addition to the right to seek
			 reconsideration or review by the Superintendent, pursuant to 103 CMR 483.15(9),
			 the official may immediately appeal any exclusion to the
			 Commissioner.
(5) A visitor who is
			 denied entrance or asked to leave shall be told the reason for such action,
			 except when it is deemed that to specify the reason might jeopardize security
			 interests or the safety of any person.
(6) Where the problem is something that
			 clearly may be remedied, the visitor may be told that he or she may return to
			 the institution at some specified time in the near future (such as the next day
			 or the next visiting period) or upon satisfaction of some stated condition
			 (such as having sufficient identification or being properly dressed.) In cases
			 where this is not appropriate, the visitor shall be told to await notification
			 from the Superintendent before returning to the institution.
(7) Whenever a visitor is denied entrance, is
			 barred, or a visit is terminated, except where such denial or termination is
			 based on a prior order of the Superintendent, or on a failure to obtain prior
			 permission to visit where such permission is required by
			 103 CMR
			 483.10, the officer shall file an incident
			 report prior to the end of the shift. This report shall include the name of the
			 visitor and the inmate visited, the time of the denial or termination and the
			 reasons therefore. If the visitor has been informed that he or she may return
			 at some specified time in the near future or upon satisfaction of some
			 condition, the report shall so indicate.
(8) The Superintendent or a designee shall
			 promptly review all visitor incident reports and conduct whatever factual
			 investigation he or she deems necessary. After such review, and within one week
			 of receipt of the incident report, one of the following shall occur:
(a) In a case where the visitor has been told
			 that he or she may return to the institution at some specified time or upon the
			 satisfaction of some stated condition, the Superintendent may take no action,
			 thus allowing the resumption of visits to occur;
(b) The Superintendent may notify the visitor
			 that he or she may return to the institution to resume visiting;
(c) The Superintendent may notify the visitor
			 in writing that he or she may resume visiting under specified
			 conditions;
(d) The Superintendent
			 may notify the visitor in writing that visiting privileges are suspended for a
			 specified period of time and that he or she may reapply for admission at the
			 end of the period. Based on the severity of the incident, the Superintendent
			 may obtain approval from the Commissioner to suspend the visiting privileges
			 for a specified period up to one year, after which time period the visitor may
			 reapply for admission. Should the Superintendent, after consultation with
			 approval from the Commissioner or his or her designee, deny admission for an
			 additional period of up to one year, he or she must state the specific reasons
			 for the continued denial. Any visitor who is barred from visiting due to the
			 introduction of drug contraband or weapons shall not be eligible to visit a
			 correctional facility again under any circumstances. A copy of each such notice
			 shall be sent forthwith to the Commissioner or his or her designee, and a copy
			 shall be given to the inmate.