Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 460.00 - Transfer Procedures For The Massachusetts Treatment Center › Section 460.06 - Definitions

Current through Register 1525, July 5, 2024
Behavior Review Committee (BRC)
- A
				committee of Treatment Center staff which determines the validity of any report
				of inappropriate behavior or a violation of any institutional rules, Department
				regulations, or laws of the Commonwealth or the United States committed by any
				Treatment Center resident and, upon a finding that such a report is valid, may
				impose sanctions upon a Treatment Center resident.
Business Day
- Monday through Friday,
				exclusive of state or federal holidays.
Classification Board
- As defined in
				103 CMR
				420.00, a committee of institutional or departmental
				employees which makes recommendations to the superintendent concerning an
				inmate's program participation or placement within the Department of
				Correction.
Clinical Director of Treatment
- The
				Treatment Center staff person responsible for the development, implementation
				and review of the clinical components at the Massachusetts Treatment
				Center.
Commissioner
- Commissioner of
				Correction.
Community Access Board (CAB)
- A
				board established pursuant to M.G.L. c. 123A, § 6A and consisting of five
				members appointed by the Commissioner, whose function is to consider a person's
				placement within a community access program and conduct an annual review of
				Treatment Center residents' sexual dangerousness.
Correctional Institution
- A state,
				county or contract correctional facility located within Massachusetts.
Department
- The Department of
				Correction
Director of Classification
- The
				Superintendent's designee who is responsible for overseeing and coordinating
				the classification and transfer board processes at the Treatment Center.
Emergency
- A threat to the safety,
				security or orderly administration of the Treatment Center or to the safety or
				security of staff, residents, or other persons.
Resident
- A person committed to the
				Treatment Center pursuant to M.G.L. c. 123A as a Sexually Dangerous
				Person.
Sexually Dangerous Person
- As
				defined in M.G.L. c. 123A, § 1: any person who has been:
(a) convicted of or adjudicated as a delinquent juvenile or
				youthful offender by reason of a sexual offense and who suffers from a mental
				abnormality or personality disorder which makes the person likely to engage in
				sexual offenses if not confined to a secure facility;
(b) charged with a sexual offense and was determined to be
				incompetent to stand trial and who suffers from a mental abnormality or
				personality disorder with makes such person likely to engage in sexual offenses
				if not confined to a secure facility; or
(c) previously adjudicated as such by a court of the
				commonwealth and whose misconduct in sexual matters indicates a general lack of
				power to control his sexual impulses, as evidenced by repetitive or compulsive
				sexual misconduct by either violence against any victim, or aggression against
				any victim under the age of 16 years, and who, as a result, is likely to attack
				or otherwise inflict injury on such victims because of his uncontrolled or
				uncontrollable desires.
Superintendent
- The chief
				administrative officer of the Treatment Center.
Transfer
- The act of moving a
				Treatment Center resident from the Treatment Center to another correctional
				facility within Massachusetts upon approval of the Commissioner or a
				designee.
Transfer Board
- The board
				established pursuant to M.G.L. c. 123A, § 2A whose function is to make
				recommendations for the transfer of a Treatment Center resident from the
				Treatment Center to another correctional institution designated by the
				Commissioner.
Treatment Center
- As created by
				M.G.L. c. 123A, § 2 the correctional institution for the care, custody,
				treatment, and rehabilitation of persons adjudicated as being sexually
				dangerous.