reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 16.00 - Harbormaster Training Council › Section 16.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
								501
		  CMR 16.00 sets forth the requirements that all
		  harbormasters be assigned to and satisfactorily complete both an initial
		  prescribed course of study and annual in-service training, all of which shall
		  be approved by the Harbormaster Training Council.
(2)
								501
		  CMR 16.00 applies to every harbormaster training
		  program operated or approved by the Harbormaster Training Council.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 16.00 - Harbormaster Training Council › Section 16.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
			501
			CMR 16.00, the following words and phrases shall have
			the following meanings:
Harbormaster
. For training purposes,
			an individual appointed by the mayor of a city or the selectmen of a town where
			a harbor is situated, by the Colonel of the Massachusetts State Police, by the
			Police Commissioner of Boston, or by the Secretary of Energy and Environmental
			Affairs, with the power to issue permits for temporary mooring of floats and
			rafts, regulate the movement and anchorage of vessels within the harbor, order
			the removal of any vessel lying within the harbor or at a public wharf, and
			regulate and station all vessels in the channels of the harbor. Additional
			duties may also include, but are not limited to, patrolling the harbor,
			providing services and assistance to boaters, conducting investigations of
			boating crimes, and generally enforcing the law in the harbor. The appointment
			may be for a full harbormaster or assistant harbormaster and may be on a
			full-time or permanent part-time basis.
Harbormaster Training Council
			(Council)
. The council established within the Executive Office of
			Public Safety and Security pursuant to M.G.L. c. 6, § 116F to set policies
			and standards for training harbormasters and assistant harbormasters in
			accordance with all applicable laws and regulations, including M.G.L. c. 102,
			§§ 19, 20, and 21.
Harbormaster Training Program
. An
			initial prescribed course of study for harbormasters approved by the
			Harbormaster Training Council.
In-service Training
. The annual
			required course of training for harbormasters approved by the Harbormaster
			Training Council.
Seasonal Employee
. An individual who
			has been hired by a harbormaster or other appointing authority for a specific
			temporary seasonal period of not more than 24 weeks.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 16.00 - Harbormaster Training Council › Section 16.03 - Meetings

Current through Register 1525, July 5, 2024
(1) The Council shall meet at least four
		  times per calendar year.
(2) The
		  Council is subject to Massachusetts open meeting laws: M.G.L. c. 30A,
		  §§ 18 through 25 and
		  940 CMR
		  29.00: Open Meetings.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 16.00 - Harbormaster Training Council › Section 16.04 - Notification of Harbormaster Hiring

Current through Register 1525, July 5, 2024
An employing or appointing authority shall submit to the
			Council the name of any person expected to exercise harbormaster powers within
			30 days of the appointment.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 16.00 - Harbormaster Training Council › Section 16.05 - Initial Training for Harbormasters

Current through Register 1525, July 5, 2024
(1)
		  Unless granted an exemption by the Council pursuant to
		  501 CMR
		  16.06, every harbormaster shall, prior to
		  exercising harbormaster powers, be assigned to and satisfactorily complete the
		  harbormaster training program.
(a) Any
		  harbormaster holding a full-time or permanent part-time position before March
		  23, 2009 shall be exempt from the initial training requirement.
(b) This training requirement shall not apply
		  to seasonal employees.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 16.00 - Harbormaster Training Council › Section 16.06 - Exemption from Initial Training for Harbormasters

Current through Register 1525, July 5, 2024
(1) Upon petition to the Council by the
		  harbormaster's employing authority, a person appointed to serve as a
		  harbormaster may be granted an exemption from the harbormaster training program
		  in certain limited circumstances.
(a) To
		  petition for such an exemption, the employing authority shall provide to the
		  Council documentation of the harbormaster's successful completion of training
		  that is substantially equivalent to or greater than that of a Massachusetts
		  harbormaster at a comparable level of experience, including: a record of the
		  entry-level training the harbormaster attended and the curriculum at the time
		  of the harbormaster's attendance; all in-service, specialized and other
		  training courses completed by the harbormaster; and documentation that the
		  harbormaster has obtained a minimum of two years of harbormaster experience
		  since completion of the entry-level harbormaster training program.
(b) Employing authorities petitioning for an
		  exemption shall forward letters of request and applicable documentation to the
		  Council, or its designee, for approval. Employing authorities will be notified,
		  in writing, within 30 days following the Council's decision.
(c) No harbormaster shall exercise
		  harbormaster powers unless and until an exemption is granted by the
		  Council.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 16.00 - Harbormaster Training Council › Section 16.07 - In-service Training

Current through Register 1525, July 5, 2024
(1) All harbormasters
		  must complete annual in-service training as prescribed by the Council. This
		  training requirement shall not apply to seasonal employees.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 16.00 - Harbormaster Training Council › Section 16.08 - Training Requirements Following an Interruption in Harbormaster Service

Current through Register 1525, July 5, 2024
(1) The employing authority is responsible
		  for notifying the Council if any harbormaster who has undergone an interruption
		  in harbormaster service of one or more years during which the harbormaster has
		  not exercised harbormaster powers substantially equivalent to those of a
		  Massachusetts harbormaster at a comparable level of experience, or any
		  harbormaster who has failed to complete in-service training, is seeking to
		  exercise harbormaster powers.
(2)
		  Before such an individual may exercise harbormaster powers, the harbormaster
		  must conform to the following standards:
(a)
		  If the harbormaster has had an interruption in service of one to two years or
		  has failed to complete required in-service training for one to two years, the
		  harbormaster must:
1.Be compliant with M.G.L.
		  c. 111, § 201 (first-aid and CPR); and
2.Complete the current annual in-service
		  training approved by the Council within 90 days after the interruption in
		  service ends; and
3.Complete all
		  required updates for reserve-intermittent training pursuant to MPTC
		  policies.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 16.00 - Harbormaster Training Council › Section 16.09 - Harbormaster Training Program Sub-regulatory Policies and Procedures

Current through Register 1525, July 5, 2024
(1) The agency operating a harbormaster
		  training program has the authority to establish such sub-regulatory policies,
		  procedures, and rules as are deemed necessary by the operating agency for the
		  effective and efficient operation of the training program, provided they do not
		  contravene
		  501
		  CMR 16.00 or any other policies, procedures, and rules
		  established by the Council. The Council must approve, in writing, any such
		  sub-regulatory policies, procedures, and rules prior to the start of a
		  harbormaster training program.
(2)
		  A harbormaster is subject to the policies, procedures, and rules of the
		  employing or sponsoring authority, the Council, and the harbormaster training
		  program in which the student harbormaster is enrolled. When determining the
		  applicability of one set of policies, procedures, and rules versus another, the
		  stricter standard shall always apply.
(3) Each student shall be provided with a
		  copy of
		  501
		  CMR 16.00, applicable Council sub-regulatory policies,
		  procedures, and rules as well as training program-specific sub-regulatory
		  policies, procedures, and rules. A statement of compliance, signed by both the
		  student and the harbormaster of the employing or sponsoring authority, must be
		  submitted as part of the enrollment process.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 16.00 - Harbormaster Training Council › Section 16.10 - Harbormaster Training Program Enrollment

Current through Register 1525, July 5, 2024
(1)
		  No candidate shall be accepted into a harbormaster training program without
		  employment or sponsorship by the harbormaster or other appointing authority of
		  any city or town or, if authorized by the Council, some other law enforcement
		  department. An offer of employment may be conditional upon successful
		  completion of the training. Each candidate's employer or sponsor shall sign and
		  comply with the terms of the Council Agreement to Support a Harbormaster.
		  Candidates who are sponsored shall sign and comply with the terms of the
		  Council Waiver and Release form.
(2) All issues of civil liability shall be
		  determined in accordance with the Council Waiver and Release form and M.G.L. c.
		  258.
(3) No one younger than 18
		  years old shall be eligible to attend any Council training.
(4) No one convicted of any felony as defined
		  by M.G.L. c. 274, § 1 or of a like offense in another state or the United
		  States or a military, territorial or Indian tribal authority shall be eligible
		  to attend a harbormaster training program.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 16.00 - Harbormaster Training Council › Section 16.12 - Severability

Current through Register 1525, July 5, 2024
If any provision of
			501
			CMR 16.00, or the application thereof, is held to be
			invalid, such invalidity shall not affect the other provisions or the
			application of any other part of
			501
			CMR 16.00 not specifically held invalid and, to this
			end, the provisions of
			501
			CMR 16.00 and various applications thereof are
			declared to be severable.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 17.00 - Medical Parole › Section 17.01 - Purpose and Statutory Authorization

Current through Register 1525, July 5, 2024
The purpose of
				501 CMR
				17.00 is to govern the administration and enforcement
				of petitions for medical parole, as required by M.G.L. c. 127, §
				119A.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 17.00 - Medical Parole › Section 17.03 - Petitions for Medical Parole for Prisoners Committed to the Custody of the Department

Current through Register 1525, July 5, 2024
(1) Notwithstanding
			 any general or special law to the contrary, a prisoner may be eligible for
			 medical parole due to a terminal illness or permanent incapacitation.
(2) The superintendent of a correctional
			 facility shall consider a prisoner for medical parole upon receipt of a written
			 petition submitted by:
(a) the
			 prisoner;
(b) the prisoner's
			 attorney;
(c) the prisoner's next
			 of kin;
(d) a medical provider of
			 the correctional facility;
(e) a
			 member of the Department's staff; or
(f) an individual, designated by the prisoner
			 to act on their behalf, but said designated individual shall not be a
			 Department or county prisoner.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 17.00 - Medical Parole › Section 17.04 - Processing of Petitions for Medical Parole for Prisoners Committed to the Custody of the Department

Current through Register 1525, July 5, 2024
(1) Petitions
		  for medical parole shall be reviewed by the superintendent of the facility
		  where the prisoner is currently incarcerated, or, in the case of prisoners
		  housed at Lemuel Shattuck Hospital, by the superintendent of the facility to
		  which they are classified. The superintendent shall develop a recommendation
		  for the Commissioner as to whether the prisoner should be released on medical
		  parole.
(2) A Multidisciplinary
		  Review Team will provide information to the superintendent regarding the
		  prisoner to inform the superintendent's development of the recommendation for
		  the Commissioner. The information provided by members of the team shall
		  include, but need not be limited to:
(a) a
		  written diagnosis by a licensed physician;
(b) a determination by a licensed physician
		  as to whether the prisoner suffers from a debilitating condition;
(c) a proposed medical parole plan;
(d) a risk for violence assessment, which
		  must be based upon the results of a standardized assessment tool that measures
		  clinical prognosis, such as the LS/CMI assessment tool and/or COMPAS;
		  and
(e) a recent classification
		  report.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 17.00 - Medical Parole › Section 17.05 - Petitions for Medical Parole for Prisoners Committed to the Custody of a County Correctional Facility

Current through Register 1525, July 5, 2024
(1) Notwithstanding
		  any general or special law to the contrary, a prisoner committed to the custody
		  of a county correctional facility may be eligible for medical parole due to a
		  terminal illness or permanent incapacitation.
(2) The Sheriff with authority over the
		  county correctional facility shall consider a prisoner for medical parole upon
		  receipt of a written petition submitted by:
(a) the prisoner;
(b) the prisoner's attorney;
(c) the prisoner's next of kin;
(d) a medical provider of the correctional
		  facility;
(e) a member of the
		  Sheriff's staff; or
(f) an
		  individual, designated by the prisoner to act on their behalf, but said
		  designated individual shall not be a Department or county prisoner.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 17.00 - Medical Parole › Section 17.06 - Notification to District Attorneys, Victims/Victims' Family, Prisoner, and Petitioner

Current through Register 1525, July 5, 2024
(1) Upon
		  receipt of the medical parole petition, supporting documentation and the
		  recommendation of the superintendent or Sheriff where the prisoner is currently
		  incarcerated, the Commissioner shall notify the following individuals, in
		  writing, that the prisoner is being considered for medical parole:
(a) the district attorney for the
		  jurisdiction where the offense resulting in the prisoner being committed to the
		  correctional facility occurred;
(b)
		  the prisoner, together with supporting documentation;
(c) the person who petitioned for medical
		  parole, if not the prisoner; and
(d) if applicable, the victim(s) or the
		  victim's family entitled to receive notification under M.G.L. c. 258B. Said
		  notification of the victim(s) or the victim's family should take place through
		  the Department's Office of Victim Services, both telephonically and in
		  writing.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 17.00 - Medical Parole › Section 17.07 - Hearings

Current through Register 1525, July 5, 2024
(1) Where a
		  petition is filed by or on behalf of a prisoner serving a sentence under M.G.L.
		  c. 265, § 1, the Commissioner may hold a hearing on a medical parole
		  petition pursuant to 501 CMR 17.07. The hearing shall be closed to the public
		  and to the media.
(2) The
		  Commissioner shall determine who may attend the hearing. Attendees may include,
		  but are not limited to:
(a) the
		  prisoner;
(b) the person who
		  petitioned for medical parole, if not the prisoner;
(c) an attorney for the prisoner or
		  petitioner;
(d) the district
		  attorney for the jurisdiction where the offense resulting in the prisoner being
		  committed to the correctional facility occurred, and/or one or more persons
		  designated by the district attorney;
(e) the victim and/or the victim's family, if
		  applicable under M.G.L. c. 258B;
(f) such other Department staff as designated
		  by the Commissioner; and
(g) a
		  representative from the Parole Board.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 17.00 - Medical Parole › Section 17.08 - Referral to the Parole Board

Current through Register 1525, July 5, 2024
(1) If it
		  appears to the Commissioner that a decision to release the prisoner on medical
		  parole is likely, the Commissioner shall refer the prisoner's entire medical
		  parole petition, and supporting documents, to the Parole Board within 30 days
		  after receiving the superintendent's or Sheriff's recommendation. The Parole
		  Board shall direct the referral to the appropriate Institutional Parole
		  Officer/Transitional Parole Officer where the prisoner is held.
(2) Each medical parole petition referred to
		  the Parole Board by the Commissioner shall include the following:
(a) the proposed medical parole plan and
		  supporting documents; and
(b) an
		  updated clinical review of the prisoner by the Department's or Sheriff's
		  medical provider, respectively.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 17.00 - Medical Parole › Section 17.09 - Final Decision

Current through Register 1525, July 5, 2024
(1) The
		  Commissioner shall issue a written decision not later than 45 days after
		  receipt of the superintendent's or Sheriff's recommendation and supporting
		  documentation. If the Commissioner determines that a prisoner is terminally ill
		  or permanently incapacitated such that if released, the prisoner will live and
		  remain at liberty without violating the law and the release will not be
		  incompatible with public safety or the welfare of society, the prisoner shall
		  be released on medical parole. The decision shall be accompanied by:
(a) a written statement of reasons for the
		  Commissioner's decision;
(b) all
		  the conditions that must be met prior to the prisoner's release; and
(c) notification of the ability to file a
		  petition for judicial review under M.G.L. c. 249, § 4.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 17.00 - Medical Parole › Section 17.10 - Notices

Current through Register 1525, July 5, 2024
(1) Not less than
		  24 hours before a prisoner's release on medical parole, the Commissioner shall
		  notify the following, in writing, of the prisoner's release date, and the terms
		  and conditions of the scheduled release:
(a)
		  the district attorney for the jurisdiction where the offense resulting in the
		  prisoner being committed to the correctional facility occurred;
(b) the department of the state
		  police;
(c) the police department
		  in the city or town in which the prisoner shall reside; and
(d) if applicable under M.G.L. c. 258B, the
		  victims or the victims' family, through the Department's Office of Victim
		  Services.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 17.00 - Medical Parole › Section 17.11 - Parole Board Jurisdiction, Supervision, and Control

Current through Register 1525, July 5, 2024
(1) A prisoner granted release under M.G.L.
		  c. 127, § 119A, and
		  501 CMR
		  17.09 shall be under the jurisdiction,
		  supervision and control of the Parole Board, as if the prisoner has been
		  paroled pursuant to M.G.L. c. 127, § 130.
(2) Upon a favorable determination on the
		  petition by the Commissioner, the Institutional Parole Officer/Transitional
		  Parole Officer at the institution where the prisoner is held will generate a
		  Medical Parole permit, which shall include the Parole Board's final terms and
		  conditions of medical parole and apply through the date upon which the
		  prisoner's sentence would have expired. The Parole Board may revise, alter, or
		  amend the terms and conditions of a medical parole at any time.
(3) The Institutional Parole
		  Officer/Transitional Parole Officer will notify the Field Parole Officer of the
		  scheduled date of release of the prisoner on medical parole by the
		  Commissioner. A Victim Services Coordinator at the Parole Board will contact
		  victims and victims' families to provide notification of terms and conditions
		  of release set by the Parole Board.
(4) A prisoner granted medical parole will be
		  supervised in accordance with Parole Board policy. In the event that the
		  conditions set by the Parole Board are inconsistent with existing Field
		  Policies or Standard Operating Procedures concerning special conditions, the
		  conditions for medical parole set by the Parole Board shall supersede those
		  policies or procedures.
(5) A
		  prisoner granted medical parole will not see the Parole Board for a traditional
		  parole release hearing. A prisoner granted medical parole will only go before
		  the Parole Board in the event of a revocation hearing.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 17.00 - Medical Parole › Section 17.12 - Revocation of Medical Parole

Current through Register 1525, July 5, 2024
(1) If a
		  Field Parole Officer receives information that the prisoner failed to comply
		  with a condition of the prisoner's medical parole, and the Field Parole Officer
		  finds the violation does not constitute a technical violation as provided for
		  in the Parole Board's Graduated Sanctions Policy, the Field Parole Officer
		  shall obtain a warrant for immediate return to custody and pursue revocation
		  proceedings. If a Field Parole Officer receives credible information that the
		  terminal illness or permanent incapacitation has improved to the extent that
		  the prisoner would no longer be eligible for medical parole under M.G.L. c.
		  127, § 119A, the Field Parole Officer shall obtain a warrant for immediate
		  return to custody and pursue revocation proceedings.
(2) If, following the revocation proceeding,
		  the Parole Board determines that the prisoner violated a condition of medical
		  parole, or the terminal illness or permanent incapacitation has improved to the
		  extent that the prisoner would no longer be eligible for medical parole, the
		  prisoner shall resume serving the balance of the sentence with credit given
		  only for the duration of the medical parole that was served in compliance with
		  all terms and conditions of medical parole.
(3) Revocation of a prisoner's medical parole
		  shall not preclude eligibility for medical parole in the future or for another
		  form of release permitted by law.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 17.00 - Medical Parole › Section 17.13 - Challenges to Medical Parole Decisions

Current through Register 1525, July 5, 2024
(1)
		  Following the Commissioner's decision, a prisoner, Sheriff or superintendent
		  aggrieved by the decision denying or granting a medical parole petition may
		  petition for judicial review of the decision under M.G.L. c. 249, § 4.
		  Following the Commissioner's decision, and upon request by the aggrieved party,
		  the prisoner, or the petitioner, the Department will provide a copy of the
		  administrative record, redacted where required under State and Federal medical
		  privacy laws, or where necessary to protect the victim or the victim's family,
		  within 15 business days of receipt of the request, following the Commissioner's
		  decision.
(2) A decision by the
		  court under M.G.L. c. 249, § 4, affirming or reversing the Commissioner's
		  grant or denial of medical parole shall not affect a prisoner's eligibility for
		  any other form of release permitted by law, nor shall it preclude a prisoner's
		  eligibility for medical parole in the future.
(3) Following the Commissioner's denial of
		  medical parole, a prisoner may file a new petition, or request that the
		  Commissioner reconsider his or her previous decision on the petition. In no
		  event shall a new petition or request for reconsideration be acted upon later
		  than the 66 days permitted under the medical parole statute.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 17.00 - Medical Parole › Section 17.14 - Reporting

Current through Register 1525, July 5, 2024
(1) The
		  Commissioner and the Secretary shall file an annual report not later than March
		  1st with the clerks of the Senate and the House of
		  Representatives, the Senate and House Committees on Ways and Means and the
		  Joint Committee on the Judiciary detailing, for the prior fiscal year:
(a) the number of prisoners in the custody of
		  the Department or sheriffs who applied for medical parole and the race and
		  ethnicity of each applicant;
(b)
		  the number of prisoners who have been granted medical parole and the race and
		  ethnicity of each parolee;
(c) the
		  nature of the illness of the applicants for medical parole;
(d) the counties to which the prisoners have
		  been released;
(e) the number of
		  prisoners who have been denied medical parole, the reason for the denial and
		  the race and ethnicity of each prisoner;
(f) the number of prisoners who have
		  petitioned for medical parole more than once;
(g) the number of prisoners released who have
		  been returned to the custody of the Department or the sheriff and the reason
		  for each prisoner's return; and
(h)
		  the number of petitions for relief filed under M.G.L. c. 249, §
		  4.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 17.00 - Medical Parole › Section 17.15 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, clause, or phrase of
			501 CMR
			17.00 is for any reason held to be unconstitutional,
			contrary to statute, in excess of the authority of the Executive Office of
			Public Safety and Security, the Department of Correction, the Sheriff's
			Department or the Parole Board, or otherwise inoperative, such decision shall
			not affect the validity of any other article, section, subsection, sentence,
			clause, or phrase of
			501 CMR
			17.00
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 18.00 - Data Collection and Reporting Standards for Criminal Justice Agencies › Section 18.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 501 CMR 18.00 is to establish data collection
			and reporting standards for Criminal Justice Agencies to enable the submission
			of data by Criminal Justice Agencies including, but not limited to, the
			Department of Correction, Houses of Correction, and county jails, to capture
			and report information on their populations and to report information relative
			to recidivism rates.
501 CMR 18.00 sets forth standards for the consistent and
			accurate collection of data from Criminal Justice Agencies by:
(a) Defining the data to be collected;
		  and
(b) Developing a data warehouse
		  that is accessible to Criminal Justice Agencies and in an anonymized format to
		  the public.
To facilitate the implementation of 501 CMR 18.00, the
			Executive Office of Public Safety and Security (EOPSS) shall enter into an
			appropriate Memorandum of Understanding (MOU) with the Trial Court as specified
			in 501 CMR 18.08.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 18.00 - Data Collection and Reporting Standards for Criminal Justice Agencies › Section 18.02 - Scope and Applicability

Current through Register 1525, July 5, 2024
501 CMR 18.00 shall apply to Criminal Justice Agencies, as
			defined in 501 CMR 18.03, and to the Trial Court under the terms of the MOU,
			that collect:
(a) Data on an Offender
		  within their custody, arrested or charged with an offense/offenses;
(b) Data on Offender populations, including
		  all applicable charges and convictions; and/or
(c) Data from other Criminal Justice
		  Agencies.
All such data shall be submitted by the Criminal Justice
			Agencies and the Trial Court into a data warehouse managed and maintained by
			EOPSS, or its designee, in consultation with the Executive Office of Technology
			Services and Security (EOTSS), or its designee.
501 CMR 18.00 also incorporates the reporting requirements set
			forth in M.G.L. c. 126, § 40.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 18.00 - Data Collection and Reporting Standards for Criminal Justice Agencies › Section 18.04 - Collection Requirements

Current through Register 1525, July 5, 2024
Criminal Justice Agencies shall collect and record their
			applicable data to meet the requirements prescribed by 501 CMR 18.00. At a
			minimum, the Trial Court may order and these Criminal Justice Agencies shall
			assign OBTNs, collect fingerprints, and SIDs as set forth in 501 CMR
			18.04.
(a)
Fingerprint
		  Collection
.
1. The Trial Court
		  may order and these Criminal Justice Agencies shall collect fingerprints and
		  submit them to the State Identification Section (SIS) in accordance with the
		  requirements set forth by the Department of State Police.
2. Fingerprint collection is required
		  pursuant, but not limited, to:
a. M.G.L. c.
		  263, § 1A and c. 94C, § 45 respectively, a set of fingerprints must
		  be taken and submitted to the SIS, for individuals arrested or taken into
		  custody for a felony or arrested or charged with a felony violation of
		  controlled substance laws;
b.
		  M.G.L. 127, § 23, fingerprints must also be taken by the Department of
		  Correction and Houses of Correction when an Offender is committed under a
		  sentence for any offense including when an additional commitment occurs while
		  the Offender is in custody and the Trial Court may order fingerprints be taken
		  of a person convicted of a felony if the Offender is not committed to a penal
		  institution.
c. The SIS will also
		  accept and process fingerprint submissions for a misdemeanor charge.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 18.00 - Data Collection and Reporting Standards for Criminal Justice Agencies › Section 18.05 - Categories and Types of Data Relative to Offender Populations Collected and Reported by Criminal Justice Agencies

Current through Register 1525, July 5, 2024
Any Criminal Justice Agency that collects data on a person
			shall submit any data it collects for the following informational fields in the
			format set forth in 501 CMR 18.00 to the data warehouse:
(a) State Identification Number
		  (SID);
(b) Probation Central File
		  Number;
(c) Governing
		  Offense;
(d) Offense;
(e) Date of Offense;
(f) Time of Offense;
(g) Location of Offense;
(h) Offender's Address at Time of
		  Arrest;
(i) Race of
		  Offender;
(j) Ethnicity of
		  Offender;
(k) Gender
		  Identity;
(l) Assigned
		  Sex;
(m) Pronouns;
(n) Age of Offender;
(o) Status of Offender as Primary Caretaker
		  of a Child;
(p) Status of
		  Offender's Reproductive Health Needs;
(q) Risk and Needs Assessment
		  Scores;
(r) Whether the Offender
		  has Participated and Completed Evidence-based Programs;
(s) Date Entering Custody;
(t) Date Exiting Custody;
(u) Offender's Address on Date of Exit
		  Custody;
(v) Release
		  Date;
(w) Offender's Address on
		  Release Date;
(x) Actual Release
		  from Sentence Date;
(y) Offender
		  Status;
(z) Offense Based Tracking
		  Number;
(aa) Type of
		  Release;
(bb) Type of
		  Admission;
(cc) Case
		  Disposition;
(dd) Jail Credit from
		  Pretrial Incarceration;
(ee) Earned
		  time; and
(ff) Bail Amount or
		  Reason if no Bail Set.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 18.00 - Data Collection and Reporting Standards for Criminal Justice Agencies › Section 18.06 - Format for Submission of Data

Current through Register 1525, July 5, 2024
Data shall be collected, processed and submitted in accordance
			with the standards established by the Data Subcommittee created by EOPSS and
			EOTSS.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 18.00 - Data Collection and Reporting Standards for Criminal Justice Agencies › Section 18.07 - Categories and Types of Data Collected and Reported by Criminal Justice Agencies Relative to Recidivism Rates

Current through Register 1525, July 5, 2024
Upon intake of an Offender, the Department of Correction or
			House of Correction shall review the information in its data system to assess
			whether the Offender is being reincarcerated for an offense. Said information
			shall be recorded and reported as part of the data collection fields submitted
			to the data warehouse.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 18.00 - Data Collection and Reporting Standards for Criminal Justice Agencies › Section 18.08 - Trial Court Data Collection

Current through Register 1525, July 5, 2024
EOPSS will enter into a Memorandum of Understanding (MOU) and
			data sharing agreement with the Trial Court.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 18.00 - Data Collection and Reporting Standards for Criminal Justice Agencies › Section 18.09 - Severability Clause

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause, or
			phrase of 501 CMR 18.00 is for any reason held to be unconstitutional, contrary
			to statute, or in excess of the statutory authority of the Secretary of Public
			Safety and Security or otherwise inoperative, such decision shall not affect
			the validity of any other article, section, subsection, sentence, clause or
			phrase of 501 CMR 18.00.
Code of Massachusetts Regulations › 502 CMR - OFFICE OF THE STATE FIRE MARSHALL › Title 502 CMR 2.00 - Petitions For Adoption, Amendment Or Repeal Of Regulations › Section 2.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
502 CMR 2.00 is adopted by the State Fire Marshal pursuant to M.G.L. c. 30A, § 4 and prescribes the procedures for the submission, consideration and disposition of petitions of interested persons for the adoption, amendment or repeal of regulations.
Code of Massachusetts Regulations › 502 CMR - OFFICE OF THE STATE FIRE MARSHALL › Title 502 CMR 2.00 - Petitions For Adoption, Amendment Or Repeal Of Regulations › Section 2.02 - Petitions for the Adoption, Amendment or Repeal of Regulations

Current through Register 1525, July 5, 2024
Any interested person may, at any time, petition the State Fire Marshal to adopt, amend or repeal any regulation. The petition shall be addressed to the State Fire Marshal and may be sent by mail or delivered to the following address: State Fire Marshal, P.O. Box 1025, State Road, Stow, MA 01775. All petitions shall be signed by the petitioner or the petitioner's designee, and shall set forth clearly and concisely the text of the proposed regulation. The petition maybe accompanied by any supporting data, views or arguments.
Code of Massachusetts Regulations › 502 CMR - OFFICE OF THE STATE FIRE MARSHALL › Title 502 CMR 2.00 - Petitions For Adoption, Amendment Or Repeal Of Regulations › Section 2.03 - Procedures to Handle Petitions for the Adoption, Amendment or Repeal of Regulations

Current through Register 1525, July 5, 2024
Upon receipt of a petition for the adoption, amendment or repeal of a regulation the State Fire Marshal shall review the petition within 60 days of receipt thereof and determine if further review or action relative to the petition is warranted.
Code of Massachusetts Regulations › 502 CMR - OFFICE OF THE STATE FIRE MARSHALL › Title 502 CMR 5.00 - PERMIT AND INSPECTION REQUIREMENTS OF ABOVE GROUND STORAGE TANKS OF MORE THAN TEN THOUSAND GALLONS CAPACITY › Section 5.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
502 CMR 5.00 is adopted by the State Fire Marshal pursuant to M.G.L. c. 148, § 37 to provide uniform requirements and procedures for the construction, maintenance and use of aboveground storage tanks and related permit, inspection and record keeping requirements.
Code of Massachusetts Regulations › 502 CMR - OFFICE OF THE STATE FIRE MARSHALL › Title 502 CMR 5.00 - PERMIT AND INSPECTION REQUIREMENTS OF ABOVE GROUND STORAGE TANKS OF MORE THAN TEN THOUSAND GALLONS CAPACITY › Section 5.02 - Applicability

Current through Register 1525, July 5, 2024
(1)
								502 CMR 5.00 shall apply to certain aboveground storage tanks with a gross capacity of more than 10,000 gallons used for the storage of any fluid other than water.
(2)
								502 CMR 5.00 shall not apply to:
(a) Open tanks such as clarifiers;
(b) Open tanks used for plating, dipping and quenching; and
(c) Oil/water separators.
Code of Massachusetts Regulations › 502 CMR - OFFICE OF THE STATE FIRE MARSHALL › Title 502 CMR 5.00 - PERMIT AND INSPECTION REQUIREMENTS OF ABOVE GROUND STORAGE TANKS OF MORE THAN TEN THOUSAND GALLONS CAPACITY › Section 5.04 - Permit Requirements

Current through Register 1525, July 5, 2024
(1)
General Provisions
. Pursuant to M.G.L. c. 148, § 37, no person shall construct, maintain, or use any aboveground storage tank of more than 10,000 gallons capacity, for the storage of any fluid other than water, without first securing a permit therefore from the Marshal. A permit to construct or perform maintenance on a tank may be issued by the Marshal only after a completed application and supporting documents have been submitted, reviewed and approved in accordance with 502 CMR 5.04. The permit may be issued with certain conditions or contingencies.
(2)
Application for a Permit to Construct a Tank
. The applicant shall complete and submit to the Marshal, at least 30 days in advance of the construction of such tank, the prescribed construction permit application form, permit fee and the following documents, in triplicate:
(a) A plot plan certified by an Engineer or Surveyor. Said plot plan must clearly indicate the following:
1. The existence of any nearby bodies of water, water courses, or public water supplies within and adjacent to the property;
2. Proximity to any and all utility lines, cables or pipes within and adjacent to the property, whether above or below ground level and whether active or inactive;
3. The existence of any public or private ways immediately adjacent to the property;
4. Existence of any nearby building(s) and/or AST(s);
5. All property boundaries;
6. The distance of the tank(s) to the property boundaries; and
7. Distance of tanks to potentially incompatible materials.
Code of Massachusetts Regulations › 502 CMR - OFFICE OF THE STATE FIRE MARSHALL › Title 502 CMR 5.00 - PERMIT AND INSPECTION REQUIREMENTS OF ABOVE GROUND STORAGE TANKS OF MORE THAN TEN THOUSAND GALLONS CAPACITY › Section 5.05 - Self-inspection and Use Permit Requirements

Current through Register 1525, July 5, 2024
(1)
General
. Pursuant to M.G.L. c. 148, § 37 and as a condition to maintaining or renewing the use permit issued by the Marshal, every aboveground storage tank subject to the requirements of 502 CMR 5.00, shall be inspected in accordance with an Approved Standard by a Qualified Tank Inspector. Inspections shall be made of the premises, tanks, dikes, and related equipment. The Approved Standard associated with such inspection shall be approved by the Marshal.
(2)
Use Permit Tank Inspection Requirements
.
(a) As of January 1, 2015, any applicant for a use permit during calendar year 2015 shall comply with the following:
1. Complete the inspection, notice and reporting requirements contained in 502 CMR 5.05(4). Said annual inspection shall be conducted in accordance with the standard that has been used for the subject tank, as of January 1, 2014;
2. The owner shall propose, on a form prescribed by the Marshal, an Approved Standard for each tank. Once approved by the Marshal, said Approved Standard shall establish the inspection and maintenance requirements for the remaining life of the tank for the purposes of compliance with 502 CMR 5.00.
Code of Massachusetts Regulations › 502 CMR - OFFICE OF THE STATE FIRE MARSHALL › Title 502 CMR 5.00 - PERMIT AND INSPECTION REQUIREMENTS OF ABOVE GROUND STORAGE TANKS OF MORE THAN TEN THOUSAND GALLONS CAPACITY › Section 5.06 - Immediate Notification of the Marshal

Current through Register 1525, July 5, 2024
The Marshal shall be immediately notified in writing upon the discovery of any leak or hazardous condition (defect, injury) involving the tank, diking and/or appurtenance that could create a serious threat to life safety or significant environmental damage.
Code of Massachusetts Regulations › 502 CMR - OFFICE OF THE STATE FIRE MARSHALL › Title 502 CMR 5.00 - PERMIT AND INSPECTION REQUIREMENTS OF ABOVE GROUND STORAGE TANKS OF MORE THAN TEN THOUSAND GALLONS CAPACITY › Section 5.07 - Entry upon the Premises

Current through Register 1525, July 5, 2024
Any applicant for, or holder of, any permit issued under the provisions of 502 CMR 5.00 shall be deemed to have consented to the entry of the Marshal upon the premises during regular hours of operation for the purposes of determining whether the permit applicant, or holder, is complying with the provisions of M.G.L. c. 148, 502 CMR 5.00, 527 CMR 1.00:
Massachusetts Comprehensive Fire Safety Code
or any other related law or regulation, including inspection of all required records.
Code of Massachusetts Regulations › 502 CMR - OFFICE OF THE STATE FIRE MARSHALL › Title 502 CMR 5.00 - PERMIT AND INSPECTION REQUIREMENTS OF ABOVE GROUND STORAGE TANKS OF MORE THAN TEN THOUSAND GALLONS CAPACITY › Section 5.08 - Compliance with Law and Regulation

Current through Register 1525, July 5, 2024
Compliance with all federal and state laws and associated regulations, including but not limited to, the provisions of M.G.L. c. 148, §§ 9, 13, 37; 502 CMR 5.00 and 527 CMR 1.00:
Massachusetts Comprehensive Fire Safety Code
, regarding the design, construction, use and maintenance of all aboveground storage tanks subject to 502 CMR 5.00, is a condition to the issuance and continued effect of any permit or certification issued pursuant to 502 CMR 5.00.
Code of Massachusetts Regulations › 502 CMR - OFFICE OF THE STATE FIRE MARSHALL › Title 502 CMR 5.00 - PERMIT AND INSPECTION REQUIREMENTS OF ABOVE GROUND STORAGE TANKS OF MORE THAN TEN THOUSAND GALLONS CAPACITY › Section 5.09 - Revocation, Suspension or Denial of a Permit or Qualified Tank Inspector

Current through Register 1525, July 5, 2024
(1) The Marshal may suspend, revoke, or in the case of a new applicant, deny any permit issued under 502 CMR 5.00 for any violation of or non-compliance with 502 CMR 5.00; 527 CMR 1.00:
Massachusetts Comprehensive Fire Safety Code
or any other related law, regulation, written term, condition or policy related thereto and applicable to the permit holder. Any holder of, or applicant for a permit, which has been denied, suspended, or revoked hereunder, may request a hearing. Such request shall be made in writing to the Marshal within 14 days of receipt of notice of denial, suspension, or revocation.
(2) If the Marshal reasonably believes that a tank or facility constitutes an immediate threat to public health, safety or welfare, or to the environment, the Marshal may immediately, without a prior hearing, order such action necessary to reduce said threat, including the immediate suspension of the right to use a tank or facility. The owner or operator suspended under this section may request a hearing by the Marshal in writing, but must do so within 14 days of receipt of the notice of suspension.
Code of Massachusetts Regulations › 502 CMR - OFFICE OF THE STATE FIRE MARSHALL › Title 502 CMR 5.00 - PERMIT AND INSPECTION REQUIREMENTS OF ABOVE GROUND STORAGE TANKS OF MORE THAN TEN THOUSAND GALLONS CAPACITY › Section 5.10 - Tank Removal

Current through Register 1525, July 5, 2024
The tank owner/operator must notify the Marshal within seven days of the tank's removal, dismantling or demolition on a form as prescribed by the Marshal.
Code of Massachusetts Regulations › 502 CMR - OFFICE OF THE STATE FIRE MARSHALL › Title 502 CMR 5.00 - PERMIT AND INSPECTION REQUIREMENTS OF ABOVE GROUND STORAGE TANKS OF MORE THAN TEN THOUSAND GALLONS CAPACITY › Section 5.11 - Violations of M.G.L. c. 148, Section 37 and 502 CMR 5.00

Current through Register 1525, July 5, 2024
Violations of M.G.L. c. 148, § 37 and 502 CMR 5.00, including, but not limited to, the installation of a tank without a permit are subject to criminal and/or non-criminal fines and penalties as provided by law.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
								503 CMR 2.00 governs the
			 administration of Reimbursement from the Underground Storage Tank Petroleum
			 Cleanup Fund Administrative Review Board created by St. 1990, c. 524, which
			 constitutes M.G.L. c. 21 J.
(2)
								503 CMR 2.00 provides
			 Reimbursement to Eligible Claimants for allowable costs, expenses and
			 obligations incurred by taking Response Actions, paying Third Party Claims, or
			 otherwise incurring expenses, as a result of Releases.
(3)
								503 CMR 2.00 enables Owners
			 and Operators of UST Systems to demonstrate the availability of an assurance
			 mechanism that satisfies in whole or in part Federal and State financial
			 responsibility mandates for such UST Systems. The Fund, however, is not
			 insurance and
			 503 CMR 2.00 does not replace
			 or supersede the obligations of insurance carriers to their insureds under
			 insurance policies or contracts.
(4)
								503 CMR 2.00 ensures the
			 continuing financial soundness of the Fund by providing Reimbursement only for
			 allowable costs, expenses and obligations incurred by Eligible Claimants and as
			 a result of:
(a) Taking Response Actions
			 pursuant to
			 503
			 CMR 2.11; and
(b) Paying Final Judgments resulting from
			 civil court action by third parties for Bodily Injury, Property Damage and
			 Damage to Natural Resources pursuant to
			 503
			 CMR 2.12.