Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 902.00 - County Correctional Facilities-definitions › Section 902.01 - Definitions

Current through Register 1525, July 5, 2024
As used throughout the 103 CMR 900 through 979.00, unless the
				context otherwise requires, the following words shall have the following
				meanings.
Additions
. A constructed addition
				that increases the rated capacity of a correctional facility in operation on
				the effective date of
				103 CMR 900.00 through
				979.00.
Administrative Segregation
. A form of
				segregation from the general population administered by a classification
				committee or other authorized group or authority, when the continued presence
				of the inmate in general population would pose a serious threat to life,
				property, self, staff or other inmates, or to the security or orderly running
				of the facility.
Audit Report
. The second of two
				written reports to be completed by the auditors after conducting a county
				facility audit. The audit report is disseminated to the Sheriff of the audited
				facility by the Commissioner.
Appeal
. A mechanism for inmates to
				request review of a decision to a higher authority.
Audio/Visual Electronic Surveillance
.
				Electronic equipment that allow an individual to listen or view an activity
				utilizing closed circuit television or audio listening equipment.
Authority Having Jurisdiction (AHJ)
.
				An agency or a representative of any agency, that has authority to regulate or
				inspect a specific functional activity or an operation of a county correctional
				facility. The authority having jurisdiction may be a state or local fire
				authority, a state or local health authority, the Massachusetts Department of
				Labor, state or local building and utility inspectors, or other statutory
				authorities.
Awaiting Action Status
. The
				confinement of an inmate in an individual cell, which may be in the inmate's
				designated housing unit or in a special management unit, until an investigation
				is completed or hearing is held relative to a disciplinary, administrative, or
				classification matter, including protective custody issues. Such confinement
				shall not be punitive and should only be used when necessary to ensure the
				safety of the inmate, staff or other inmates, or the security of the
				correctional facility.
Building Code
. Code regulating all
				buildings and structures in the Commonwealth as established in 780 CMR:
Massachusetts State Building Code
. The Code is administered by
				inspectors of the Department of Public Safety or local building inspectors
				according to jurisdictional authority.
Caustic Material
. A substance capable
				of destroying or eating away by chemical reaction (
e.g
.: lye,
				caustic soda, sulfuric acid).
Certification/Certified
. A process by
				which an individual has specifically trained to administer a specific task or
				activity based on established criteria (
e.g.
: CPR
				certification, K-9 dog certification, training certification, certified
				clergy).
Chief Custody Officer
. The highest
				ranking security officer on a specific shift.
Citizen Initiated Petition
. A special
				certification under M.G.L. c. 6, § 172(c) which allows "persons with an
				articulated fear of physical harm" from a specific offender to receive notice
				of that offender's release.
Classification
. A system by which the
				security and program needs of each individual for whom confinement was ordered
				is determined. These needs are regularly assessed and monitored.
Combustible Material
. A substance
				with a flash point at or above 100ºF classified as a class II or III
				substance by National Fire Protection Association (NFPA)
				(
e.g.
: diesel fuel, motor oil, cleaning solvents, paints,
				mineral oil, sunray conditioner).
Commissioner
. The commissioner of
				correction.
Community Release
. An inmate's
				release into the community in order to participate in work release,
				educational/vocational release, or the furlough program in accordance with the
				Massachusetts General Laws and/or applicable regulations contained in 103 CMR
				900.000 through 979.000.
Community Release Facility
. A county
				correctional facility that provides housing and programming for participants of
				Work Release, Pre-release, or Alcohol Treatment Programs.
Confidentiality Of Records (Inmate, Medical,
				Personnel)
. Information concerning an individual staff member or
				inmate (
e.g.
: medical, criminal, legal, application, pay
				status (not confidential unless employee was the victim of an adjudicated crime
				or a victim of domestic violence, sexual assault or rape, and has asked for an
				exemption), classification
.
) that must be secured in a proper
				fire-proof cabinet with limited access in order to protect from theft, loss,
				tampering and destruction. Policy should specify both those persons authorized
				to use records and the purpose for such use.
Continuous Access
. Inmate access to a
				specified area at all times without staff assistance.
Contraband
. Any item(s) not approved
				for retention by an inmate at a county correctional facility.
Correspondence
. Any form of written
				communication mailed to or from an individual committed to a county
				correctional facility.
County Correctional Facility
. Any
				building, enclosure, space or structure that is owned, operated, administered
				or subject to the control of a county of the commonwealth, used for the
				custody, control and rehabilitation of committed offenders and of such other
				persons as may be placed in custody therein in accordance with law.
Criminal Offender Record Information
				(CORI)
. Records or data in any communicable form compiled by a
				criminal justice agency which concerns an identifiable individual and relates
				to the nature or disposition of a criminal charge, an arrest, a pre-trial
				proceeding, other judicial proceeding, sentencing, incarceration,
				rehabilitation, or release (not to include evaluative information, intelligence
				or investigative information or statistical reports where individuals are not
				identified).
Decibels (db)
. Unit of measure
				requirements to determine sound levels.
Department/Division Head
. A staff
				person in a management/supervisory position who is responsible for overseeing a
				specific function/operation within a facility (
e.g.
: security,
				food services, classification).
Designated Holding Area
. Area(s)
				designated by a Sheriff/facility administrator to provide a safe and secure
				place(s) to evacuate inmates during an emergency.
Designee/Designated Staff
. A staff
				person named by a higher authority to be responsible for the performance of a
				specific task or to oversee a specific function.
Disabled Person
. Any individual with
				a disability or who has a physical or mental impairment which substantially
				limits one or more "major life activities"; has a record of such an impairment;
				or is regarded as having such an impairment. Major life activities include:
				caring for oneself, performing manual tasks, walking, seeing, hearing,
				speaking, breathing, learning and working. A qualified individual with a
				disability meets the essential eligibility requirements for the receipt of
				services or participation in programs offered by a public entity; or is able to
				perform the essential functions of the job with or without reasonable
				accommodations.
Disciplinary Detention
. The
				separation from the general population of an inmate found guilty of committing
				a rule violation by a disciplinary officer/committee, are confined for short
				periods of time, not to exceed ten days per infraction or 30 days per incident,
				to their cells within their assigned housing unit or to a special housing unit.
				Such placement may result in the loss of all privileges for the duration of the
				sanction. (
See
103 CMR 926.00 and
				943.00 for details.)
Draft Audit Report
. The first of two
				written reports to be completed by the auditors after conducting a county
				audit. The report may include, in addition to matters of non-compliance,
				comments on administrative or operational revisions which may enhance a policy,
				procedure or practice already found to be in compliance. The draft report,
				which shall be watermarked, is disseminated to the Sheriff of the audited
				facility by the Commissioner.
Education Release
. Any program
				approved by the parent agency pursuant to M.G.L. c. 127, § 48, that is
				designed to provide academic training, vocational training or counseling
				outside the confines of the facility.
Eligible Inmate
. Inmates that meet
				established criteria (length of stay, time prior to release, determination of
				need and suitability) required to participate in a specific program
				(
e.g.
: Education, Furlough, Work Release).
Emergency
. Any significant disruption
				of normal facility procedure, policy or activity caused by riot, escape, fire,
				natural disaster, employee action, threat of disruption, or other serious
				incident.
Emergency Escorted Trip
. An approved
				temportary release authorized by the Sheriff/designee from any county
				correctional facility for the purposes of attending a funeral of a relative or
				to visit a critically ill relative. Such afforts shall be conducted by staff
				members who have care and custody responsibilities and the transportation
				requirements shall be consistnt with the level of inmate security.
Emergency Health Care
. Care for an
				acute illness or unexpected health care need that cannot be deferred until the
				next scheduled sick call. Such care shall be provided by the medical director,
				medical doctor, trained health care staff, health-trained staff, local
				ambulance service, or hospital emergency room.
Facility Administrator
. Any official,
				regardless of title (
e.g.
: Sheriff, superintendent, deputy
				superintendent, director) who has the ultimate responsibility for the
				day-to-day operations of the facility.
Fire Alarm/Automatic Detection
				System
. A system primarily intended to provide the indication and
				warning of abnormal conditions (fire/smoke) and the summoning of appropriate
				aid.
Fire Retardant Furnishings
.
				Furnishings in a facility of a material that is resistant to flame or consists
				of a coating that is flame retardant as approved by the authority having
				jurisdiction. (527 CMR 21.00:
Decorations, Curtains, Draperies, Blinds and Other Window
				Treatments
;
				527 CMR 29.00:
Upholstered Furniture, Molded Seating and Re-upholstered
				Furniture
; 105 CMR 451.00:
Minimum Health and Sanitation
				Standards and Inspection Procedures for Correctional
				Facilities
.).
Flammable Material
. A substance with
				a flash point below 100ºF (37.8ºC), a Class I liquid as defined by
				NFPA (
e.g.
: gasoline, lacquer, contact cement, ethyl
				alcohol).
Foot Candle
. A unit of measuring the
				intensity of illumination. The amount of light thrown on a surface one foot
				away from the light source.
Grievance
. A written complaint by an
				inmate concerning an incident, a condition of confinement, or application of a
				facility policy, rule or regulation for which redress is sought.
				(Classification and disciplinary decisions are not subject to grievance as
				there are existing appeal mechanisms. Medical decisions shall not be subject to
				grievance).
Handicapped Person
.
See
Disabled Person.
Health Authority
. A physician or
				qualified health administrator who is responsible for the provision of health
				care services at a facility or satellite of the agency.
Health Care
. The sum of all action
				taken, preventive, diagnostic and therapeutic, to provide for the physical and
				mental well being of a population. Health care includes medical and dental
				services, mental health services, nursing, personal hygiene, dietary services
				and environmental conditions.
Health Care Personnel
. Individuals
				whose primary duties are to provide health services to inmates in keeping with
				their respective levels of health care training and experience. Such personnel
				shall be licensed, registered, or certified as appropriate to their
				qualification to practice.
Health Trained Employee/Personnel
.
				Correctional officers or other facility personnel who are trained by health
				care personnel or other qualified staff (
e.g
., CPR, First
				Aid/First Responder), and who are appropriately supervised to carry out certain
				specific duties with regard to the administration of health care.
Housekeeping/Maintenance Plan
. A
				written plan which outlines specific tasks to be performed, in order to
				maintain a safe and sanitary environment throughout the facility.
Indigency
. Upon request for a waiver
				of fees or costs an inmate may be declared indigent if, at the time of the
				request, the inmate has in all accounts to which he has access, a total amount
				less than or equal to $10 plus the cost or fees sought to be waived and at no
				time for the 60 days immediately preceding said request had the inmate's
				accounts contained more than the $10 plus the cost or fees sought to be waived.
				However, the Sheriff/facility administrator may designate an inmate as indigent
				as deemed appropriate.
Industries Program
. An activity
				managed by facility personnel that uses inmate labor to produce goods or
				services for sale. These goods or services supplied by the facility to the
				Commonwealth, other counties, cities, and towns, shall conform as nearly as may
				be possible to the wholesale market rates for similar goods manufactured
				outside the facility.
Informed Consent
. The agreement by
				the patient to a treatment, examination, or procedure after the patient
				receives the material facts regarding the nature, consequences, risks and
				alternatives concerning the proposed treatment, examination and
				procedures.
Inspection
. A systemic examination of
				a facility operation to ensure compliance with statutory regulations, policy
				and procedures, life safety codes, or professional standards.
K-9. A dog trained and certified by a certified trainer,
				accompanied by a trained handler, for use in activities such as but not limited
				to: K-9 patrol activities, inmate movement, apprehensions, crowd control,
				detection of drugs, explosives, and other contraband.
Massachusetts Sheriffs' Association
.
				Organization of 14 Sheriffs for the counties of the Commonwealth.
Multiple Occupancy Rooms
. A room in a
				county correctional facility that houses no fewer than two and no more than 64
				inmates who have been screened for suitability to group living.
Multipurpose Room
. A room in a county
				correctional facility that may be used for inmate activities such as religious
				services, educational programs or other inmate services.
Natural Lighting
. Lighting available
				either by cell or room windows to exterior, or from a source within 20 feet of
				the room or cell.
New Facility
. A facility which is
				constructed, or for which plans are approved, after January 1, 1992.
National Fire Protection Association
				(NFPA)
. A nonprofit organization whose mission is to reduce the
				worldwide burden of fire and other hazards on the quality of life by providing
				and advocating consensus codes and standards, research, training, and
				education. The NFPA publishes the "Life Safety Code".
Nudity
. A pictorial depiction where
				genitalia, buttocks or female breasts are exposed. Publications containing
				nudity illustrative of medical, educational or anthropological content may be
				excluded from 103 CMR 902.01:
Nudity
.
Offender
. An individual convicted or
				adjudicated of a criminal offense.
Parent Agency
. The administrative
				department within the Sheriff's Department to whom the facility administrator
				reports.
Permanent Written Log
. A permanent
				recording where the daily activities, post assignment, routine and emergency
				situations, unusual occurrences, visitors to area and inmate information are
				recorded by the staff person responsible.
Policy
. A policy is a course of
				action adopted and pursued by the agency that guides and determines present and
				future decisions and actions. Policies indicate the general course or direction
				of an organization within which the activities of the personnel and units must
				operate. They are statements or guiding principles that should be followed in
				directing activities toward the attainment of objectives.
Pre-institutional Assessment
				Information
. Information concerning an inmate committed to a
				county correctional facility to include, but not be limited to, local and state
				police reports, FBI reports, probation reports, court proceedings, previous
				commitment documents,, medical, mental health and family history.
Procedure
. The detailed and
				sequential set of actions that must be executed to ensure that a policy or
				regulation is fully implemented. It is the method of performing an operation,
				or a manner of proceeding on a course of action. It differs from a policy or a
				regulation in that it directs action in a particular situation to perform
				specific tasks within the guidelines of the policy or regulation.
Protective Custody
. A form of
				separation from the general population for inmates requesting or requiring
				protection from other inmates for reasons of health or safety.
Qualified Employee
. A facility staff
				member who has received training in and is familiar with the specific
				regulatory requirements of a jurisdiction or a county correctional facility
				operation (
e.g.
: fire safety, environmental health, or
				training). At a minimum, on-the-job training, from the facility specialist or
				other authority having jurisdiction, regarding applicable regulations is
				expected, including use of checklists and methods of documentation.
Qualified Fire Safety Officer/Environmental Health
				Officer (Safety/Sanitation Specialist)
. A county correctional
				facility staff person or persons trained in the application of jurisdictional
				codes and regulations. The training of the individual may be provided by the
				applicable jurisdictional agency or other training agency
				(
e.g
., department of correction training academy or sheriff's
				academy). The individual may receive assistance from the applicable
				jurisdictional agency in interpretation of and methods of documentation of
				specific requirements.
Qualified Food Service Personnel
. A
				facility staff person trained in food service supervision and management, who
				has the resources, authority, and responsibility to provide for the facility's
				complete food service.
Qualified Health Care Personnel
.
				Physicians, dentists and other professional technical workers who by state law
				engage in activities that support, complement, or supplement the functions of
				the physicians or dentists and who are licensed, registered or certified as
				appropriate to their qualifications to practice.
Reaction Plan
. Written plans that
				specify the procedures to be followed in any type of disorder situation to
				include designating who should implement what, what personnel should be
				involved, when and which authorities should be notified, how the problem should
				be contained and what should be done after the incident is quelled.
Relative
. Relative shall mean the
				committed offender's father, mother, child, brother, sister, spouse and, if a
				grandparent, uncle, aunt or foster parent who acted as the parent in rearing
				such committed offender, it shall also mean such grandparent, uncle, aunt or
				foster parent.
Renovated Facility
. A facility that
				has had significant structural or design change in the physical plant after the
				effective date of
				103 CMR 900.00.
Research
. Research shall include, but
				not be limited to, studies involving the use of interviewers, questionnaires,
				participant observation and review of case records.
Room Confinement
. A disciplinary
				sanction imposed as a result of an informal process. Such room confinement may
				last up to, but not exceed, one 72 hour period. It differs from disciplinary
				detention in that a hearing is not required prior to imposition and it is
				served in the inmate's housing unit, and the inmate shall retain at least one
				of the privileges usually suspended,
e.g
., television, radio
				or telephone access, in-cell program activities, reading materials, visitation.
				The imposition of room confinement does not, by itself, require the
				reclassification of the inmate as a special management inmate for the period of
				the sanction, although the provisions of
				103 CMR
				926.04 shall apply.
Safety Equipment
. Equipment, this
				includes emergency fire equipment,
i.e.
, portable
				extinguishers, water supply, alarm systems, sprinkler systems, self-contained
				breathing apparatuses, gas masks, fans, first aid kits, stretchers and
				emergency alarms.
Sally Port
. An enclosure situated in
				the perimeter wall or fence of the institution containing gates or doors at
				both ends, only one of which opens at a time. This method of entry and exit
				ensures there shall be no breach in the perimeter security of the facility. The
				sally port may handle either pedestrian or vehicular traffic.
Security Devices
. Locks, gates,
				doors, bars, fences, screens, ceilings, floors, walls, and barriers used to
				confine and control detained persons. Also included are electronic monitoring
				equipment, security alarm systems, security light units, auxiliary power
				supplies and other equipment used to maintain facility security.
Segregation
. The confinement of an
				inmate to an individual cell that is separated from general population. There
				are three forms of segregation: administrative, disciplinary detention and
				protective custody.
Separate and Distinct Exits
. Two
				means of egress shall be provided in all living areas and places of assembly
				and be arranged to minimize the possibility that both may be impassable by the
				same fire or emergency condition. Exits shall be remote enough from each other
				and so arranged and constructed as to minimize any possibility that more than
				one may be blocked off by any one fire or other emergency condition.
Sexually Explicit
. A pictorial
				depiction of actual or simulated sexual acts including sexual intercourse, anal
				or oral sex, or masturbation or material which promotes itself based upon such
				depictions on a routine or regular basis or in individual one-time
				issues.
Shall
. The word "shall" is used
				throughout
				103 CMR 900.00 through
				979.00. However, since the
				standards contained herein are designated as either "required" or
				"recommended", the word "shall" when used in required standards indicates an
				obligation to act; and the word "shall" when used in recommended standards
				indicates an intention to act.
Special Management Unit
. A separate
				housing area from general population within institutions in which inmates may
				be confined for reasons of administrative segregation, protective custody, or
				disciplinary detention.
Temporary Release
. In accordance with
				statute, a period of time during which an inmate is allowed to leave the
				program or county correctional facility and go into the community supervised or
				unsupervised for various purposes consistent with public interest
				(
e.g.
: furlough, work release, educational release).
Toxic Material
. A substance or
				material in any form or quantity that poses an unreasonable risk to the health
				and safety of staff or inmates as defined by federal, state or local
				regulations.
Unencumbered Space
. Usable space that
				is not encumbered by furnishings or fixtures. At least one dimension of the
				unencumbered space is no less than seven feet. Unencumbered space is determined
				by multiplying the length and width of the cell-room and subtracting from that
				figure the total number of square feet encumbered by bed(s), plumbing fixtures,
				desk(s), and other fixed equipment. Measurements shall be made with equipment
				and furnishings in their normal use position.
Training
. An organized, planned, and
				evaluated activity designed to achieve specific learning objectives and enhance
				job performance of personnel. Training may occur on site, at an academy or
				training center, at an institution of higher learning, through contract
				services, at professional meetings, or through closely supervised on-the-job
				training. It includes a formal agenda and instruction by a teacher, manager or
				official, physical training, or other instructional programs that include a
				trainer/trainee relationship. Training programs usually include requirements
				for completion, attendance, recording and a system for recognition of
				completion. Meetings of professional associations are considered training where
				there is clear recognition of completion.
Vehicle Trap
.
See
sally port.
Volunteer
. Any person from the
				community who is over 18 years of age and on a voluntary basis, works with
				inmates or staff, individually or in groups, in a volunteer program.
Waiver
. A request to be temporarily
				excused from compliance with a standard due to limited resources, physical
				plant or staffing deficiencies. Such request must be documented with supporting
				information.
Work Release
. A formal arrangement
				sanctioned by M.G.L. c. 127, §§ 48, 49, 49A, and 86F whereby an
				inmate is permitted to maintain approved and regular employment in the
				community.
Work Days
. Monday through Friday,
				excluding holidays and weekends.
Written Plan
. A detailed and
				sequential set of tasks that shall be executed to obtain the desired results or
				objective. It is the method of performing an operation or a manner of
				proceeding on a course of action (
e.g.
: housekeeping plan,
				preventive maintenance plan, emergency medical care plan).