reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 463.00 - Furloughs › Section 463.22 - Miscellaneous Regulations

Current through Register 1525, July 5, 2024
(1) An inmate being
			 considered for furlough must meet the eligibility requirements set forth in
			 103 CMR
			 463.07.
(2) An inmate must be physically and mentally
			 capable of successfully completing a furlough without escort.
(3) An inmate shall be responsible for making
			 arrangements for safe and reliable transportation while on furlough, except in
			 the case of emergency furlough under escort. Transportation shall no be
			 provided by a department employee, except for an emergency furlough under
			 escort.
(4) An inmate released on
			 furlough shall be responsible for all expenses incurred as a result of the
			 furlough. Only medical expenses for substantial injuries or illnesses that
			 required immediate or emergency attention while the inmate was on furlough
			 shall be considered the responsibility of the Department.
(5)
Transfer of
			 inmates
.
(a) When an inmate of a
			 state correctional facility is transferred to or housed in a county
			 correctional facility with an approved furlough pending, the Superintendent of
			 the receiving facility may honor said furlough, or require that the inmate
			 reapply according to
			 103 CMR
			 463.12(2).
(b) When an inmate of a state correctional
			 facility is transferred to a state correctional facility, the rules and
			 regulations set forth in
			 103 CMR
			 463.00 shall be fully applicable.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 463.00 - Furloughs › Section 463.23 - Program Evaluations

Current through Register 1525, July 5, 2024
The furlough program shall be evaluated quarterly and annually
				as provided for in 103 CMR 111.00:
Management Analysis, Survey and
				Evaluation
, with written reports being included in the quarterly and
				annual reports of the Department.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 463.00 - Furloughs › Section 463.24 - Responsible Staff

Current through Register 1525, July 5, 2024
The Associate Commissioner of Programs and Treatment shall be
				responsible for monitoring
				103 CMR
				463.00 throughout the Department. The Superintendent
				of each correctional institution shall be responsible for the implementation of
				103 CMR
				463.00 within the institution and for the development
				of any and all necessary and appropriate institution policies and procedures
				within the parameters established by
				103 CMR
				463.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 463.00 - Furloughs › Section 463.26 - Severability Clause

Current through Register 1525, July 5, 2024
If any article, section, subsection, clause or phrase of
				103 CMR
				463.00 is for any reason held to be unconstitutional,
				contrary to statue, 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
				463.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				103 CMR 464.00 is to
				establish Department of Correction (Department or DOC) guidelines governing
				work release programs for inmates. The establishment of employment programs for
				inmates outside correctional institutions is intended to provide inmates with
				the opportunity to develop positive work habits, learn new, or hone existing,
				skills, and to provide a means for inmates to earn and save money for use upon
				release or parole, all of which contribute to successful reentry of inmates
				into the community. Although not always feasible due to the location of a
				correctional institution, a work release program offers an inmate the
				opportunity for employment that may be sustained upon release or parole.
				103 CMR 464.00 sets forth
				the requirements for participation in, and the procedures for, the
				administration of the work release program.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.02 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR 464.00 cancels all
				previous Department policy statements, bulletins, directives, orders, notices,
				rules or regulations regarding work release programs which are inconsistent
				with
				103 CMR
				464.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.03 - Applicability

Current through Register 1525, July 5, 2024
103 CMR 464.00 is applicable
				to all employees and criminally sentenced inmates eligible pursuant to M.G.L.
				c. 127, § 49 at correctional institutions within the Department.
				103 CMR 464.00 is not
				applicable to correctional programs operated pursuant to
				103 CMR
				455.00:
Correctional Industries.
103 CMR 464.00 is not
				intended to confer any procedural or substantive rights or any private cause of
				action not otherwise granted by state or federal law.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.04 - Access to 103 CMR 464.00

Current through Register 1525, July 5, 2024
103 CMR 464.00 shall be
				maintained within the Department's Central Policy File and shall be accessible
				to all Department employees. A copy of
				103 CMR 464.00 shall also be
				maintained in each Superintendent's Central Policy File and at each inmate
				library. Internet access for this policy may be obtained at:
http://www.mass.gov/eopss/law-enforce-and-cj/prisons/doc-policies/policy-list
.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.05 - Definitions

Current through Register 1525, July 5, 2024
Classification Board
. A committee of
				three DOC employees which make recommendations concerning an inmate's custody
				level and program participation.
Commissioner
. The chief executive
				officer of the Department.
Department
. Department of
				Correction.
Deputy Commissioner of Clinical Services and
				Reentry
. A Department Deputy Commissioner whose duties include,
				but are not limited to, the management of the Classification Division, Inmate
				Education and Training Division, Reentry and Program Services Division, and the
				Health Services Division.
Earned Income
. Income derived from a
				source of employment including wages, salary, and commissions, consistent with
				the Internal Revenue Service codes.
Employer
. Any employer, either public
				or private, other than the Department.
Employment Services Coordinator
. The
				staff person, appointed by the Superintendent of a facility/institution,
				responsible for the operation of the work release program.
Facility/Institution
. A state
				correctional institution, or a county correctional facility.
Inmate
. For the purposes of
				103 CMR 464.00, any person
				serving a sentence under the law or otherwise in the legal custody of the
				Department.
Inmate Management Systems (IMS)
. The
				Department's automated information system that provides processing, storage and
				retrieval of inmate-related information needed by Department personnel and
				other authorized users within the criminal justice system.
Superintendent
. The chief
				administrative officer of a state correctional institution.
Work Release
. The release of an inmate
				into the community for the purpose of participating in a work release
				program.
Work Release Program
. Any program,
				established pursuant to M.G.L. c. 127, § 49, which is designed to provide
				inmates with an opportunity to earn compensation, to render services on a
				volunteer basis, or to attend interviews or counseling sessions designed to
				secure or continue employment opportunities.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.06 - Authorized Activities

Current through Register 1525, July 5, 2024
Work Release activities include employment, job interviews,
				transportation to and from the place of employment or job interview, and any
				other outside employment activities including volunteer work, approved by the
				Superintendent.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.07 - Eligibility

Current through Register 1525, July 5, 2024
To be eligible for participation in work release programs, an
				inmate must be within 18 months of parole eligibility, have completed any
				mandatory portion of his or her sentence, have attained pre-release status, and
				be otherwise eligible under M.G.L. c. 127, § 49 and other applicable
				laws.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.08 - Approval Process for Program Participation

Current through Register 1525, July 5, 2024
(1) The review of an eligible inmate for work
			 release shall be conducted in accordance with
			 103 CMR
			 420.00:
Classification,
and shall be
			 approved by the Superintendent or designee.
(2) Any inmate may appeal a work release
			 decision in accordance with
			 103 CMR
			 420.00:
Classification.
(3) Within 14 days of transfer to pre-release
			 status, staff shall recommend to the Superintendent or designee,
via
the classification process, whether an inmate is suitable
			 for work release.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.09 - General Rules

Current through Register 1525, July 5, 2024
(1) An inmate
			 participating in a work release program remains in the Department's custody and
			 is subject to the Department's rules and regulations, as well as those of the
			 facility/institution where he or she is incarcerated, during the period of his
			 or her participation in the program.
(2) Inmates participating in work release
			 programs may be incarcerated in state correctional institutions, county
			 correctional facilities, or community contract beds, subject to approval by the
			 Commissioner.
(3) No inmate shall
			 be assigned to employment in the performance of a federal contract unless the
			 following terms and conditions of United States Executive Order #11755,
			 December 29,1973, as amended by United States Executive Order #12608, September
			 9,1987, and United States Executive Order #12943, December 13, 1994 are met:
(a) The inmate is paid or is in an approved
			 work training program on a voluntary basis;
(b) Representatives of the involved local
			 union central bodies or similar involved labor union organizations have been
			 consulted;
(c) Such paid employment
			 shall not result in the displacement of employed workers, or be applied in
			 skills, crafts or trades of which there is a surplus of available gainful labor
			 in the locality, or impair existing contracts for services; and
(d) The rates of pay and other conditions of
			 employment shall not be less than those paid or provided for work of a similar
			 nature in the locality in which the work is being performed.
(e) The United States Attorney General has
			 certified that the work release laws and/or regulations of the Commonwealth are
			 in conformity of the aforementioned United States Executive Orders.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.10 - Pre-employment Procedures

Current through Register 1525, July 5, 2024
(1) Prior to
			 approving an inmate for employment at a particular site, the Superintendent or
			 designee shall confirm that:
(a) A job has
			 actually been offered;
(b) The
			 employer is a legitimate organization;
(c) The work site does not present a threat
			 to public safety or the inmate; and
(d) The inmate is suitable for the
			 job;
(e) The Employment Services
			 Coordinator or his or her designee has conducted an in-person interview of the
			 prospective employer, except that phone interviews will be permitted when
			 employers previously have been part of the work release program. The interview
			 shall include, but not be limited to, reviewing the conditions of the inmate's
			 employment, providing an orientation for the prospective employer of the work
			 release program and its procedures and regulations (the orientation shall be
			 documented and maintained by the institution);
(f) The prospective employer has
			 satisfactorily completed and signed an Employment Agreement Form. The signed
			 form shall be maintained in the inmate's six-part folder after all necessary
			 information has been entered in the designated IMS screens;
(g) The local police, in the community where
			 the inmate will be employed, have received notification that the inmate will be
			 so employed. Police notifications shall be documented in the designated IMS
			 screens and a copy of the notification maintained in the inmate's six part
			 folder.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.11 - Release Authorization

Current through Register 1525, July 5, 2024
(1) The
			 Superintendent or a designee may authorize an eligible inmate for release by
			 signing his or her approval on the Community Release/Permit.
(2) The Superintendent or a designee shall
			 ensure that a review is made of the inmate's suitability for the specific
			 program(s) specified on the release permit. In reviewing the inmate's
			 suitability, the Superintendent or designee shall take into consideration:
(a) The program's location;
(b) Transportation costs and the inmate's
			 ability to pay the same;
(c) Level
			 of accountability;
(d) The number
			 of hours the program requires the inmate to spend in the community;
(e) The specific conditions set by the
			 Employment Services Coordinator or designee
(e.g.,
check-ins,
			 call-ins and staff field visits). Once the Superintendent or designee is
			 satisfied as to the inmate's suitability, he or she shall sign the work release
			 permit.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.12 - Employment

Current through Register 1525, July 5, 2024
(1) Inmates participating in a work release
			 program shall immediately report all changes in the conditions of their
			 employment to the Employment Services Coordinator or his or her designee.
			 Changes to be reported include, but are not limited to, the following:
(a) Rate of pay;
(b) Supervisor;
(c) Days off;
(d) Work schedule;
(e) Vacations;
(f) Holidays;
(g) Personal days;
(h) Telephone numbers;
(i) Financial deductions
(See
103 CMR
			 405.08:
Mandatory Work Release
			 Deductions
and 405.09:
Voluntary Work Release
			 Deductions)
;
(j) Any
			 work-related injuries.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.13 - Financial Deductions

Current through Register 1525, July 5, 2024
The procedures for processing the work release monies of
				inmates participating in a work release program in a state correctional
				facility/institution shall be as follows:
(a) The employer shall, in accordance with
			 the Employment Agreement Form mail or deliver the inmate's pay and statement of
			 earnings to the facility/institution Treasurer.
(b) The employer shall deduct applicable
			 federal, state, and local taxes, and any court ordered wage garnishments. The
			 employer shall indicate these deductions on the check or check stub.
(c) An inmate shall not take cash advances or
			 loans from his or her wages for a payroll savings plan, bonds, or any other
			 deductions unless such deductions are directly related to his or her work, such
			 as uniforms, or union dues, and approved in advance by the
			 Superintendent.
(d) The Treasurer
			 shall make deductions from the inmate's paycheck in accordance with
			 103 CMR
			 405.08:
Mandatory Work Release
			 Deductions
and 405.09:
Voluntary Work Release
			 Deductions.
(e) Each
			 facility/institution shall encourage inmate savings to assist in successful
			 reentry upon release in accordance with
			 103 CMR
			 405.00:
Inmate Funds
.
(7) A record of all transactions shall be
			 maintained in accordance with
			 103 CMR
			 405.00:
Inmate
			 Funds
.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.14 - Absence from Employment Site

Current through Register 1525, July 5, 2024
(1) Inmates who
			 do not report to work as a result of illness shall:
(a) Notify the designated staff of the
			 facility/institution prior to the departure time of his or her work release
			 permit;
(b) Notify his or her
			 employer in accordance with the employment procedures at the work site;
			 and,
(c) Adhere to any
			 facility/institution rules and regulations regarding such absences;
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.15 - Termination of Employment

Current through Register 1525, July 5, 2024
Any inmate who is considering resigning from his or her job
				shall first:
(1) Discuss the situation
			 with the Employment Services Coordinator or his or her designee.
(2) Provide reasonable notice to his or her
			 employer of his or her intent to leave (one or two weeks as required by
			 employer).
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.16 - Escape Procedures

Current through Register 1525, July 5, 2024
(1) An inmate shall
			 be declared an escapee if:
(a) He or she
			 leaves his or her place of employment without authorization by
			 facility/institution staff, and does not return to his or her place of
			 employment or to the facility/institution within two hours.
(b) He or she does not arrive at the location
			 specified on his or her Community Release Permit by the scheduled time, and
			 does not arrive there or return to the facility/institution within two
			 hours.
(c) He or she does not
			 return to the facility/institution within two hours after having been ordered
			 to do so.
(d) He or she fails to
			 return to the facility/institution within two hours of his or her scheduled
			 return time.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.17 - Inmate Accountability and Record Keeping

Current through Register 1525, July 5, 2024
To ensure accountability practices and proper documentation,
				each institution's Employment Services Coordinator and/or security staff shall
				comply with the following:
(a)
			 Verification and documentation of all appointments, schedules, program sites,
			 transportation and contact person(s).
(b) Documentation and retention in the
			 inmate's six-part folder of all signed community release agreements, signed
			 work release agreements, police notifications, permits and any correspondence
			 from the employer.
(c) The
			 Employment Services Coordinator or his or her designee shall maintain all work
			 release related IMS screens.
(d)
			 Physical spot checks shall be conducted at least once per month. Telephone
			 checks shall be made at the discretion of the Superintendent. All checks shall
			 be documented in the designated IMS screen.
(e) The designated IMS screens shall be
			 reviewed on a regular basis to determine if any inmates are past due for a
			 telephone call in or return to the facility/institution.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.19 - Community Support and Job Development

Current through Register 1525, July 5, 2024
Each Superintendent shall encourage public understanding of the
				work release process by sharing, whenever possible, evaluations and reports
				pertaining to the work release program and the benefits thereof with the
				community.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.20 - Emergency

Current through Register 1525, July 5, 2024
Whenever, in the opinion of the Commissioner or designee, or
				the Superintendent of a state correctional facility, an emergency exists which
				requires suspension of all or part of
				103 CMR 464.00, the
				Commissioner or designee or the Superintendent may authorize such suspension,
				provided that any suspension lasting more than 48 hours must be approved by the
				Commissioner.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.21 - Responsible Staff

Current through Register 1525, July 5, 2024
The Superintendent of each institution, under the direction of
				the Deputy Commissioner of Clinical Services and Reentry, shall implement
				103 CMR 464.00, and develop
				procedures deemed necessary for his or her institution.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.22 - Annual Review Date

Current through Register 1525, July 5, 2024
103 CMR 464.00 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 464.00 - Employment Programs Outside A Correctional Institution: Work Release › Section 464.23 - Severability Clause

Current through Register 1525, July 5, 2024
If any article, section, subsection, clause or phrase of
				103 CMR 464.00 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 106 CMR 464.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 465.00 - Education And Training Release › Section 465.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				103 CMR 465.00 is to
				establish rules and guidelines for education and training. Education and
				training release programs permit inmates within 18 months of parole eligibility
				or discharge, subject to approval of the Commissioner, to participate in
				programs of education and training outside of a correctional institution.
				Approved inmates may thus be granted access to suitable educational and
				training opportunities under the conditions set forth in
				103 CMR
				465.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 465.00 - Education And Training Release › Section 465.02 - Statutory Authorization

Current through Register 1525, July 5, 2024
103 CMR 465.00 is issued
				pursuant to M.G.L. c. 124, § 1(e) and (q); and M.G.L. c. 127, §§
				48, 49, and 49A.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 465.00 - Education And Training Release › Section 465.03 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR 465.00 cancels all
				previous Department policy statements, bulletins, directives orders, notices,
				rules or regulations regarding education and training release
				programs.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 465.00 - Education And Training Release › Section 465.04 - Applicability

Current through Register 1525, July 5, 2024
103 CMR 465.00 applies to
				all level one and two state correctional institutions, contract facilities, and
				programs in which inmates committed to the state correctional system are
				confined unless otherwise specified by the terms of a contract or other written
				agreement with the Commissioner of Correction.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 465.00 - Education And Training Release › Section 465.05 - Access to 103 CMR 465.00

Current through Register 1525, July 5, 2024
103 CMR 465.00 shall be
				maintained within the Central Policy File of the Department and shall be
				accessible to all Department employees and inmates. A copy of
				103 CMR 465.00 shall 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 465.00 - Education And Training Release › Section 465.06 - Definitions

Current through Register 1525, July 5, 2024
Classification Committee
. The
				classification committee shall consist of three correctional staff members, one
				of whom shall be an employee whose primary role includes security
				responsibilities. This committee makes recommendations to the Superintendent
				concerning an inmate's program participation or placement within the
				department.
Commissioner
. The Commissioner of
				Correction.
Commissioner's Designee
. A Department
				of Correction manager who is authorized by the Commissioner to review
				classification board recommendations and to render final decisions for the
				Commissioner as the Commissioner's designee.
Contract Facility
. A facility other
				than a state correctional institution under contract to the Department of
				Correction pursuant to M.G.L. c. 127, § 49.
Correctional Program Officer
. A
				Department of Correction employee who collects information obtained through
				inmate interviews and available casework records and presents an oral and
				written summary of this information to classification boards. A correctional
				program officer is also responsible for monitoring an inmate's participation
				and compliance with a program plan which has been recommended by a
				classification board, and in some correctional institutions, these officers are
				responsible for all inmate care and custody operations.
Education and Training Release
				Program
. Any program approved by the Assistant Deputy Commissioner
				of Community Corrections pursuant to M.G.L. c. 127, § 48 designed to
				provide academic training, vocational training or counseling outside the
				confines of a state correctional institution.
Educational Organization
. A private or
				public organization conducting an education, or training program recognized by
				103 CMR 465.00.
Pre-release Status
. An inmate within
				18 months of parole eligibility or discharge who has been approved by the
				Commissioner or a designee for participation in education, training, or
				employment programs outside level one or two correctional institutions pursuant
				to M.G.L. c. 127, § 49.
Program Coordinator
. The staff member
				designated by the superintendent to coordinate education and training release
				programs at the facility or institution.
Program Plan
. A program or a series of
				programs recommended by the correctional program officer to the classification
				board to address an inmate's programmatic needs.
Stipends
. Money paid to an inmate for
				participation in educational and training programs.
Superintendent
. The chief
				administrative officer of a state correctional institution, a director of a
				contract facility, or the administrator of a county correctional
				facility.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 465.00 - Education And Training Release › Section 465.07 - Eligibility

Current through Register 1525, July 5, 2024
To be eligible for participation in education and training
				release programs, an inmate:
(1) shall
			 be within 18 months of parole eligibility or sentence discharge date;
(2) shall be otherwise eligible under M.G.L.
			 c. 127, § 49;
(3) shall have
			 completed any mandatory sentence; and
(4) shall be approved for placement in a
			 level one or two institution/program by the Commissioner or a designee.
			 Notwithstanding the provisions listed in 103 CMR 465.07(1) through (4), any
			 inmate identified as a sex offender, in accordance with 103 DOC 446.00, shall
			 be ineligible for education and training release programs.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 465.00 - Education And Training Release › Section 465.08 - Approval Process for Program Participation

Current through Register 1525, July 5, 2024
(1) The approval process at the institution
			 level for program participation shall be as follows:
(a) The classification committee shall make a
			 written recommendation to the superintendent regarding an inmate's
			 individualized program plan;
(b) In
			 considering the recommendation, the classification committee shall review the
			 inmate's case record, ensure eligibility, interview the inmate, determine the
			 inmate's suitability for program participation and develop an individualized
			 written program plan based on:
1. program
			 adjustment;
2. disciplinary
			 record;
3. established
			 goals;
4. involvement or prior
			 involvement in work, education or training programs;
5. risk/needs assessment and compliance with
			 related recommendations;
6. the
			 potential benefits to the inmate;
7. the safety of the community;
8. financial status;
9. prior criminal history, parole/probation
			 history and escape history; and
10.
			 CORI A petitions.
(c) A
			 designated staff member shall prepare a report including the facts of the
			 inmate's record, the considerations of the committee, the reasons for the
			 recommendation, the vote of the committee, and other relevant factual data. At
			 Inmate Management System (IMS) sites, recommendations for approval shall be
			 made via an entry in the "Education Release" check box. Recommendations for
			 denial shall be noted in the "Board's Rationale" field on the Board
			 Recommendation tab of the Classification Recommendation/Results
			 screen.
(d) Taking the
			 recommendation of the committee into account the superintendent shall make a
			 recommendation to an Assistant Deputy Commissioner designated by the
			 Commissioner. At IMS sites, recommendations for approval shall be made via an
			 entry in the "Education Release" check box on the Superintendent/Designee
			 Recommendation tab of the Classification Recommendation/Results screen.
			 Recommendations for denial shall be noted in the "Reason/Condition" field.
			 Recommendations for approval will generate an electronic notification to the
			 Assistant Deputy Commissioner.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 465.00 - Education And Training Release › Section 465.09 - Authorized Activities

Current through Register 1525, July 5, 2024
Education and training release may include, but is not limited
				to, the types of programs and activities listed in 103 CMR 465.09:
(1)
Academic
			 Education
:
(a) Adult Basic
			 Education (A.B.E.)
(b) English as a
			 Second Language (E.S.L.)
(c)
			 General Education Development (G.E.D.)
(d) Remedial Instruction
(e) High School Courses
(f) College and University Courses
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 465.00 - Education And Training Release › Section 465.10 - General Rules

Current through Register 1525, July 5, 2024
(1) Only inmates
			 who have an approved individualized program plan may be granted an education or
			 training release permit.
(2) An
			 inmate shall report to the superintendent income from all funding sources
			 including: veterans benefits, J.T.P.A. income, grants, scholarships,
			 work-study, incentive payments and stipends.
(3) An inmate may not negotiate or secure a
			 loan or enter into indebtedness unless approved by the superintendent and the
			 Assistant Deputy Commissioner. Prior to approval, the superintendent shall
			 ensure that the lending party has been informed of the inmate's
			 status.
(4) Veterans benefits shall
			 be placed in the inmate's personal account for the inmate's use. Veterans
			 benefits shall not be taxed, claimed by creditors, attached, levied, or seized.
			 (U.S. Code Title 38, § 3101a)
(5) Earned income from training such as
			 J.T.P.A., work-study, and on-the-job training shall be subject to deductions
			 (room and board) as work release programs (
			 103 CMR 464.00:
Work
			 Release
). J.T.P.A. or training program stipends as opposed to salaries
			 are not subject to deductions.
(6)
			 An inmate shall be held accountable for their presence at the locations
			 specified on their permit.
(7) An
			 inmate shall read or have read to him/her and sign the Community Release
			 Agreement and any facility/institution Education and Training Release Agreement
			 established by the superintendent specifying rules or behavior and conditions
			 for program participation. At IMS sites, signature of the community release
			 agreement shall be documented on the Community Release Permit screen.
(8) The superintendent of an institution
			 receiving a transferred inmate who is participating in an education or training
			 release program, will determine after conferring with the Assistant Deputy
			 Commissioner, whether or not to approve the continued participation of the
			 inmate in that program.
(9) Each
			 inmate shall authorize the superintendent to have access to and copies of all
			 records and information concerning attendance, academic standing, and
			 performance while enrolled in the education or training release program as
			 noted in the community release agreement.
(10) Inmates enrolled in education or
			 training release programs remain subject to the rules and regulations of the
			 correctional facility, and shall be under the direction, control, and
			 supervision of officers thereof during the period of participation in the
			 program (M.G.L. c. 127, § 49).
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 465.00 - Education And Training Release › Section 465.12 - Inmate Accountability

Current through Register 1525, July 5, 2024
Each superintendent shall insure that appropriate procedures
				are followed to maintain inmate accountability. Such procedures shall include,
				but not be limited to:
(1)
			 verification of appointments, schedules, program sites, transportation, and
			 contact persons;
(2) a system of
			 telephone checks, physical spot checks, substance abuse testing, and attendance
			 and grade reporting. At IMS sites, all telephone and physical spot checks shall
			 be logged in the Community Release Inmate Tracking screen. Grade reporting
			 information may be documented in the Education/Vocation screen;
(3) a complete record keeping system
(See
103 CMR 465.14
			 );
(4) notification of site
			 security, if applicable; and
(5) At
			 IMS sites, designation of staff responsible to review the Inmates Out on
			 Community Release screen on a regularly scheduled basis to determine if any
			 inmates are past due for a telephone call-in or return to the
			 facility.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 465.00 - Education And Training Release › Section 465.13 - Escape Procedures

Current through Register 1525, July 5, 2024
An inmate shall be declared escaped (M.G.L. c. 127, § 49)
				if:
(1) the inmate is found to have
			 left an activity without authorization or never arrived at the location
			 specified on the release permit;
(2) the inmate neglects or refuses to return
			 to the facility/institution after being ordered to do so;
(3) an inmate fails to return to the
			 facility/institution within two hours of the return time; and,
(4) in the opinion of the superintendent,
			 there is enough evidence to reasonably assume that the inmate has escaped. The
			 superintendent of each facility/institution shall develop written procedures
			 for the notification of all appropriate parties, personnel, and local police,
			 including the Educational Organization.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 465.00 - Education And Training Release › Section 465.14 - Record Keeping

Current through Register 1525, July 5, 2024
Each superintendent shall ensure that a comprehensive record
				keeping system is maintained which includes:
(1) an entry in the inmate case record when
			 an education or training release program has been approved by the Assistant
			 Deputy Commissioner. At IMS sites, this information is contained in the
			 Classification Recommendation/Results screen;
(2) a record of when the program began and
			 terminated. At IMS sites, this information is available in the history section
			 of the Education and Training Release Approved Inmates Query;
(3) a record of the individualized program
			 plan, the signed agreement specifying program rules, and a copy of the
			 Education and Training Release Permit. At IMS sites any inmate-signed
			 agreements needed to be kept on file;
(4) submission of the monthly education and
			 training release roster to the Assistant Deputy Commissioner. At IMS sites,
			 this information is available via the "Print Education Release Roster" button
			 on the Education & Training Activity Information screen; therefore,
			 submission of the roster is not necessary;
(5) log entries of departure and return
			 times, logs of telephone checks and reports of physical spot checks and
			 substance abuse testing. At IMS sites, departure and return times are
			 automatically available on the External Inmate Movements report, Administrative
			 Chronology screen, Admission/Movement History screen, or Community Release
			 Programs report. Reports of telephone and physical spot checks shall be
			 obtained electronically via the "Print Community Release Tracking" button on
			 the Community Release Inmate Tracking screen;
(6) an inmate program roster listing all
			 inmates within the institution noting their risk level, needs assessment
			 results (if a moderate/high risk), program recommendations and compliance with
			 those recommendations;
(7) other
			 logs, records, and files as are necessary.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 465.00 - Education And Training Release › Section 465.15 - Evaluation and Program Review

Current through Register 1525, July 5, 2024
(1) The
			 superintendent of each institution shall provide for an annual internal
			 evaluation of the Education and Training Release program at the
			 facility/institution, and for an on-going evaluation of the procedures
			 followed, the staff performance of Education and Training Release
			 responsibilities, and the functioning of the program in terms of established
			 program goals. Both positive and negative aspects of the program should be
			 explored, and a narrative report included in the facility/institution annual
			 report.
(2) The Assistant Deputy
			 Commissioner designated by the Commissioner shall conduct an annual management
			 review of the education and training release programs utilized during the
			 course of the year.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 465.00 - Education And Training Release › Section 465.16 - Community Support and Resource Development

Current through Register 1525, July 5, 2024
The Department of Correction encourages and supports public
				understanding of the education training release program within the total
				context of the correctional process. The Director of Public Affairs shall be
				responsible for responding to requests by members of the general public for
				information concerning the operation of the Department's educational training
				release program.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 465.00 - Education And Training Release › Section 465.17 - Responsible Staff

Current through Register 1525, July 5, 2024
(1) The Assistant
			 Deputy Commissioner designated by the Commissioner shall be responsible for the
			 overall implementation and monitoring of
			 103 CMR 465.00 throughout
			 the Department.
(2) The
			 superintendent of each institution shall be responsible for implementing and
			 monitoring
			 103 CMR 465.00 at the
			 institution.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 465.00 - Education And Training Release › Section 465.18 - Annual Review

Current through Register 1525, July 5, 2024
103 CMR 465.00 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 of the Central Policy File indicating revisions, additions, or
				deletions which shall be included for the Commissioner's written
				approval.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 465.00 - Education And Training Release › Section 465.19 - Severability

Current through Register 1525, July 5, 2024
If an article, section, subsection, sentence, clause or phrase
				of
				103 CMR 465.00 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
				465.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 471.00 - Religious Programs And Services › Section 471.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				103 CMR 471.00 is to
				establish Departmental guidelines regarding religious programs and services in
				the institutions of the Department of Correction.
				103 CMR 471.00 is not
				intended to confer any procedural or substantive rights or any private cause of
				action not otherwise granted by state or federal law.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 471.00 - Religious Programs And Services › Section 471.02 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR 471.00 cancels all
				previous Departmental and institutional policy statements, bulletins,
				directives, orders, notices, rules or regulations regarding religious programs
				and services.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 471.00 - Religious Programs And Services › Section 471.04 - Access to Regulations

Current through Register 1525, July 5, 2024
103 CMR 471.00 shall be
				maintained within the Central Policy File of the Department and shall be
				accessible to all Department employees. A copy 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 471.00 - Religious Programs And Services › Section 471.06 - Inmate Access to Religious Programs and Services

Current through Register 1525, July 5, 2024
(1)
General
.
The rights of inmates to practice their religious beliefs, or to confer
			 with the clergy person of an accredited religious group shall not be abridged,
			 provided that these activities do not threaten the safety, security or orderly
			 running of the institution. Specifically, subject to subsequent provisions of
			 this policy, the following shall apply:
(a) No
			 inmate shall be denied the exercise of religious beliefs and the liberty of
			 worship according to the dictates of his or her conscience.
(b) No inmate shall be required or expected
			 to attend any religious programs or services, or to adhere to any religious
			 belief.
(c) No inmate shall be
			 denied personal contact with accredited representatives of his or her
			 faith.
(d) Inmates shall notify the
			 Department of their religious affiliation at the time of their initial booking.
			 Booking staff shall enter the reported religious affiliation in the designated
			 IMS screen. Any inmate who requests to change his or her religious affiliation
			 shall notify the Superintendent's designee in writing. The inmate shall be
			 asked a series of written questions by the Superintendent's designee to
			 determine the inmate's sincerity of belief. Inmates shall be allowed to change
			 their religious affiliation once per year. When there are changes to an
			 inmate's religious affiliation, the designated IMS screen shall be updated by
			 the Superintendent's designee. Inmates may declare only one faith at a
			 time.