reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.19 - Property of Escapees or Deceased Inmates

Current through Register 1525, July 5, 2024
(1)
			 Upon discovery of the escape or death of an inmate, the officer in charge of
			 the area in which the inmate was housed shall secure the living quarters. All
			 property within the inmate's living quarters shall be forwarded as soon as
			 possible to the Property Officer, who shall list the items on the inmate's
			 inventory in IMS and store them in the property storage area.
(2) Where an escapee is returned to the care
			 and custody of the Department within one year from the date of escape, approved
			 property shall be transferred as soon as practicable to the institution where
			 the inmate is incarcerated. Property not authorized for retention at the
			 institution shall be disposed of in accordance with
			 103 CMR
			 403.15. If the inmate is on escape for a
			 period of more than one year, the Department may dispose of the inmate's
			 property in accordance with
			 103 CMR
			 403.20.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.20 - Disposal of Unclaimed Inmate Property

Current through Register 1525, July 5, 2024
Property of deceased inmates shall be released to the proven
				administrator or executor of the deceased inmate and can be picked up by such
				person from the institution where the property is stored. Such person shall
				sign a receipt for the property received. Except for identity documents, as
				defined in
				103 CMR
				403.14, any property belonging to a deceased
				inmate which remains unclaimed after one year, or to an inmate on escape for
				more than one year, shall be disposed of in accordance with the following
				procedures:
(1) The Superintendent
			 shall notify the listed next of kin of the former inmate, in writing, that said
			 property shall be disposed of if not claimed within 30 days of the date of the
			 letter.
(2) If no claim is received
			 within the specified time period, a special board, composed of the
			 Superintendent of the institution where the property is being stored, and a
			 representative of the Department designated by the Commissioner, shall
			 ascertain whether the unclaimed property has any sale value.
(3) If the property is determined to have
			 sale value, the special board shall solicit offers for purchase from three
			 reputable dealers in like property and shall sell the property to the highest
			 bidder. The proceeds of any such sale shall be deposited into the inmate's
			 account.
(4) If the property is
			 determined not to have sale value, or if no offer is received in response to
			 solicitation for bids as described, the special board may dispose of such
			 property in such a manner as deemed appropriate.
(5) A complete record of disposal for
			 unclaimed property shall be completed and signed by the members of the special
			 board and filed with the former inmate's institutional records.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.21 - Liability for Loss, Damage or Destruction of Inmate Property

Current through Register 1525, July 5, 2024
Nothing in
				103 CMR
				403.00 is intended to create any liability on the part
				of the Commonwealth, the Department, or any of its employees for loss, damage
				or destruction of property where such liability does not already exist under
				established law.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.22 - Property Transactions Involving Inmates

Current through Register 1525, July 5, 2024
No inmate or employee may sell, barter, exchange, lend, borrow
				or in any other manner transfer any item or personal property to any inmate or
				employee of the Department except with the written approval of the
				Superintendent or designee. 103 CMR 403.22 shall not be construed to prohibit
				transfer or exchange of legal materials, provided that one inmate does not
				retain another inmate's legal materials in his or her cell.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.23 - Training

Current through Register 1525, July 5, 2024
The Department shall provide all employees assigned to an
				institution's Property Department with training in the management of inmate
				property. This training shall include, but not be limited to, training on the
				application of
				103 CMR
				403.00, on IMS screens related to inmate property, and
				on the Standard Operating Procedures pertaining to
				103 CMR
				403.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.24 - Quarterly Meetings

Current through Register 1525, July 5, 2024
The Deputy Commissioner of the Prison Division or his or her
				designee shall ensure that Property Officer meetings are held on a quarterly
				basis to ensure consistency and compliance with
				103 CMR
				403.00 Sand its standard operating
				procedure.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.25 - Quality Assurance

Current through Register 1525, July 5, 2024
The Assistant Deputy Commissioners of the Prison Division shall
				ensure agency wide compliance with
				103 CMR
				403.00 by directing each Superintendent to conduct
				quality assurance audits of his or her facility at least on an annual
				basis.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.26 - Time Limits

Current through Register 1525, July 5, 2024
Unless otherwise required by law, time limits set forth in
				103 CMR
				403.00 are directory and may be modified by the
				Superintendent or the Commissioner under appropriate
				circumstances.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.27 - Emergencies

Current through Register 1525, July 5, 2024
Whenever, in the opinion of the Commissioner, Deputy
				Commissioner, or any Superintendent of a state correctional institution, an
				emergency exists which requires suspension of all or part of
				103 CMR
				403.00, he or she may order such suspension, provided
				that any such suspension ordered by the Superintendent lasting beyond 48 hours
				is authorized by the Commissioner.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.28 - Staff Responsibilities

Current through Register 1525, July 5, 2024
The Property Committee shall perform an annual review of
				103 CMR
				403.00 and review suggestions or recommended changes
				to the policy from Superintendents. Each Superintendent shall be responsible
				for implementing and monitoring compliance with
				103 CMR
				403.00 at his or her institution. The Assistant Deputy
				Commissioners of the Prison Division shall ensure compliance throughout the
				Department.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.29 - Annual Review Date

Current through Register 1525, July 5, 2024
103 CMR
				403.00 shall be reviewed at least annually from the
				effective date by the Commissioner or 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 that shall be
				included for the Commissioner's approval and shall become effective pursuant to
				applicable law.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.30 - Severability Clause

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of
				103 CMR
				403.00 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
				section, subsection, sentence, clause or phrase of
				103 CMR
				403.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 405.00 - Fund Accounts › Section 405.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				103 CMR
				405.00 is to set Department of Correction (Department)
				policy concerning the proper handling and distribution of Incarcerated
				Individual (I/I) and Civil Commitment (C/C) funds.
				103 CMR
				405.00 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 405.00 - Fund Accounts › Section 405.03 - Applicability

Current through Register 1525, July 5, 2024
103 CMR
				405.00 applies to all employees, I/Is, and C/Cs as
				defined in
				103 CMR
				405.00, who are in the custody of the Department of
				Correction, whether in pre-trial or sentenced status, and/or those persons who
				otherwise have an active FA, or have a status capable of transaction processing
				on the Department's Fund Account System (FAS).
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 405.00 - Fund Accounts › Section 405.04 - Access to Regulation

Current through Register 1525, July 5, 2024
103 CMR
				405.00 shall be a public document and available on the
				Department's website.
				103 CMR
				405.00 shall also be maintained within the Central
				Policy File of the Department, each Superintendent's Central Policy File, the
				Fiscal Office, and each institution Library and Library where any I/I or C/C,
				as defined in this regulation, are housed.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 405.00 - Fund Accounts › Section 405.06 - Fund Account Maintenance

Current through Register 1525, July 5, 2024
(1) All I/I and
			 C/C funds in the possession of the Department shall be maintained on the
			 Department's FAS. The Department may, with the approval of the Deputy
			 Commissioner of Administration, and upon request of an I/I or C/C, release
			 funds from a FA to facilitate the I/I's or CC's reentry process. I/I and C/C
			 funds intended to be utilized for reentry purposes may be so designated within
			 the I/I's or C/C's FA, if necessary. All previously purchased I/I or C/C
			 savings bonds shall be held by Support Services.
(2) Pursuant to M.G.L. c. 124, § 1(u),
			 I/Is and C/Cs shall be assessed reasonable fees for the maintenance and
			 administration of FAs and for stop payment requests. The Commissioner shall
			 establish the amount of the fee assessed. Fees shall be deducted from the I/I's
			 or C/C ' s Personal FA that meet the criteria established in 103 CMR
			 405.06(2)(a) and (b).
(a) A fee shall be
			 assessed if the FA has activity during the month to be charged that is a
			 Qualifying Transaction. An FA will have a maximum of one maintenance and
			 administration fee charge per month, regardless of the number of Qualifying
			 Transactions that may occur. This fee may be collected from either Unearned
			 Funds or Earned Funds. The fee will be assessed on the FAS at the first
			 Qualifying Transaction in that month. Collected fees shall be directly posted
			 to the centralized M&A Account.
(b) A fee shall be assessed for each check
			 for which a stop payment request is executed. This fee may be collected from
			 either Unearned Funds or Earned Funds.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 405.00 - Fund Accounts › Section 405.08 - Mandatory Work Release Deductions

Current through Register 1525, July 5, 2024
Mandatory deductions from wages earned through participation in
				a work release program shall be entered on the FAS I/I or C/C Transaction
				screen. The work release deductions include, but are not limited to, the
				following:
(1) Any authorized
			 assessment including, but not limited to, court assessments, fines,
			 restitution, victim and witness assessments and other legislatively authorized
			 assessments.
(2)
Room
			 and Board
. Room and Board shall be at a rate to be determined by
			 the Commissioner. Room and board collections shall be deposited into the
			 account for Room and Board funds on the FAS, and a check in the amount of these
			 collections shall be sent to the Executive Director of Administrative Services
			 on a monthly basis. In the alternative, the Department may utilize a Central
			 Room and Board Account. The Executive Director of Administrative Services shall
			 then ensure that room and board revenue is properly forwarded to the State
			 Treasurer. I/Is or C/Cs who were employed prior to entering Department custody
			 and are now receiving worker's compensation benefits shall continue to have a
			 room and board deduction taken from the gross benefit amount
			 received.
(3) Amounts required to
			 meet the actual and necessary food, travel, and other expenses of the I/I when
			 released for employment.
(4) Any
			 amount as ordered by other state or federal agencies with a legal right thereto
			 (
i.e.
, Department of Revenue, Welfare, Internal
			 Revenue).
(5) Deduction of the
			 amount for restitution ordered as a result of the disciplinary process, whether
			 such restitution is ordered on a one-time or ongoing basis.
(6) Each I/I or C/C participating in a
			 work-release program shall have a minimum 25% of the I/I's or C/C's gross
			 salary designated as savings.
(7)
			 If an I/I or C/C receives any other monies as a result of their participation
			 in a work-release program, the Department may make deductions for room and
			 board.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 405.00 - Fund Accounts › Section 405.09 - Interest Income Earned from Funds on Deposit

Current through Register 1525, July 5, 2024
The Department shall maintain an account with the State
				Treasurer that consolidates all FAs, regardless of the type of funds, for each
				I/I or C/C in the custody of the Department in order to maximize interest
				income; the Department shall award interest as required by M.G.L. c. 127,
				§48A, and may award interest on all other monies whenever feasible. The
				Department shall credit each active FA account with interest earned. Interest
				earned by and not credited to inmate personal accounts shall be credited to a
				Department account(s) and utilized for inmate benefit. To be credited with
				interest income for the current period, an account must be active in the system
				the day the interest is posted. The calculation for the distribution of
				interest and the posting of interest to all accounts will be accomplished via
				the FAS.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 405.00 - Fund Accounts › Section 405.11 - Disbursement of Funds Procedures

Current through Register 1525, July 5, 2024
(1) Whenever an I/I
			 or C/C wishes to request the disbursement of funds from any of their FAs, the
			 I/I or C/C shall:
(a) complete, and sign a
			 Department standardized Disbursement Slip. The Department will utilize the same
			 Disbursement Slip at all institutions.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 405.00 - Fund Accounts › Section 405.12 - Disposal of Money Seized as Contraband

Current through Register 1525, July 5, 2024
Absent a showing by the I/I or C/C that the Superintendent
				explicitly authorized the I/I or C/C to physically possess monies outside of an
				FA, any money found in the physical possession of an I/I or C/C shall be
				confiscated, a disciplinary report written, and the monies shall be processed
				in accordance with
				103
				CMR 403.15 and
				403.16. If the I/I or C/C
				makes the aforementioned showing, the Superintendent shall ensure the money is
				credited to the I/I's or C/C's FA Savings Account.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 405.00 - Fund Accounts › Section 405.13 - Donations

Current through Register 1525, July 5, 2024
(1)
Donations to I/I or C/C
			 Groups and Organizations
.
(a) No
			 donations may be made payable to any I/I or C/C organization, group, or
			 association on behalf of another I/I or C/C currently in the custody of the
			 Department. This does not preclude any person or organization from making a
			 donation to an I/I or C/C group or organization to carry out its chartered
			 purpose. Such donations shall be subject to the vetting process set forth in
			 103
			 CMR 405.10(3), and then
			 entered
via
the FAS.
(b) I/Is and C/C's shall not be permitted to
			 use political action committees to raise money for political purposes. All
			 monies given to I/Is or C/Cs in violation of 103 CMR 405.13 may be seized by
			 the Department and handled in accordance with
			 103
			 CMR 403.15:
Disposal of Inmate
			 Property.
(c)103 CMR
			 405.13 does not apply to receipt of monies intended for a single I/I, or C/C,
			 which are processed pursuant to
			 103
			 CMR 405.10.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 405.00 - Fund Accounts › Section 405.14 - Disciplinary Process Sanctioned Reimbursements

Current through Register 1525, July 5, 2024
(1) I/I Personal Funds belonging to an I/I or
			 C/C who has been found guilty through the disciplinary process in accordance
			 with 103 CMR
			 430.00:
Inmate Discipline
, or
			 103 CMR
			 431.00:
Observation of Behavior
			 Reports
, and has been ordered to make restitution as a sanction will
			 be automatically frozen upon the entering of the sanction in the disciplinary
			 module of the FAS. The freeze placed upon Personal Funds in an FA shall be in
			 the amount of the ordered restitution. While an FA is frozen only the balance
			 of the I/I or C/C Personal Funds exceeding the amount of the freeze may be
			 expended by the I/I or C/C.
(2) The
			 Treasurer may withdraw all I/I and C/C Personal Funds available in an FA until
			 full restitution is made. The I/I or C/C may, at any time, request to expend
			 available Savings funds to pay restitution. Such requests will be made in
			 accordance with
			 103
			 CMR 405.07(4). All
			 restitution collected shall be returned to the General Fund of the Commonwealth
			 or to the institution's operating budget as required.
(3) In any case where the disciplinary
			 process has resulted in an order of restitution as a sanction for costs
			 incurred by the Commonwealth, the Superintendent may, in the Superintendent's
			 discretion, reduce the amount of restitution to the extent they deem
			 appropriate.
(4) In any case where
			 the disciplinary process has resulted in an order of restitution as a sanction
			 to pay for scheduled charges on a regular basis, the Treasurer will only take
			 funds from an FA for charges that have already been incurred. No funds will be
			 taken for a drug testing sanction prior to the I/I or C/C being
			 tested.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 405.00 - Fund Accounts › Section 405.15 - Court Assessments

Current through Register 1525, July 5, 2024
(1)
Court Assessments
. All Personal and Savings Funds may
			 be expended by the Superintendent to satisfy an amount ordered by a court
			 including, but not limited to, restitution, judgments, fines, victim witness
			 assessments, court costs,
etc
., notwithstanding the provisions
			 of 103 CMR 405.15 and regardless of I/I or C/C consent. Such court-ordered
			 restitution, fines, victim witness assessments, court costs,
etc
. shall be entered into the FAS. Payment of such
			 court-ordered restitution, judgments, fines, victim witness assessments, courts
			 costs,
etc
. shall also be entered in the FAS.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 405.00 - Fund Accounts › Section 405.16 - Money of Escaped or Deceased Incarcerated Individuals or Civil Commitments

Current through Register 1525, July 5, 2024
If an I/I or C/C has died, the money in their FA shall be paid
				to the proven administrator, personal representative, trustee, or executor of
				the deceased I/I or C/C by the Treasurer, who shall retain a record of the
				transaction. Pursuant to M.G.L. c. 127, § 96A, monies that remain in a
				discharged, escaped, or deceased I/I's or C/C's FA after a period of two years,
				shall be paid to the State Treasurer, to be held subject to being paid to the
				person establishing a lawful right thereto. This transaction shall be
				coordinated by the Support Services Division instead of the institution and
				shall be processed in the FAS.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 405.00 - Fund Accounts › Section 405.17 - Release of Money upon Parole or Release from Department Custody

Current through Register 1525, July 5, 2024
(1) Upon parole or
			 release from Department custody, I/Is and C/Cs shall receive all monies in
			 their FAs, including applicable interest accrued, provided they have
			 relinquished all state property. For purposes of this transaction, "paroled or
			 released" is defined as the authoritative discharge of confinement from the
			 Department. If the I/I or C/C questions the amount and circumstances of the
			 monies, action should be initiated immediately by the Treasurer to bring about
			 a resolution of the amount in question.
If an I/I or C/C does not have at least $50 in combined
				Personal and Savings monies, upon release, funds may be subsidized from the
				institutional budget, up to the sum of $50. The funds received shall be
				documented.
(a) An I/I or C/C shall
			 notify the Treasurer's Office of any existing savings bonds held by the
			 Department to arrange for transfer of the physical savings bonds to their
			 possession.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 405.00 - Fund Accounts › Section 405.19 - Monthly Reports

Current through Register 1525, July 5, 2024
(1) Institutional
			 Treasurers shall complete and submit monthly reports as required by the
			 Department.
(2) Upon request, all
			 active I/Is and C/Cs shall be provided with a monthly statement of the amounts
			 in their personal and savings accounts via the FAS.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 405.00 - Fund Accounts › Section 405.20 - General Information

Current through Register 1525, July 5, 2024
(1) Unclaimed
			 funds belonging to I/Is or C/Cs who are no longer active on the FAS shall be
			 transferred to the State Treasurer's office annually. This transaction shall be
			 coordinated by the Department on an FAS-wide basis.
(2) Whenever there is movement of funds
			 within an FA, a reconciliation shall be performed to ensure that similar
			 entries were made on the FAS and in the Cashbook.
(3) All supporting documentation to the
			 monthly reports shall be retained, filed chronologically, and shall be stored
			 in accordance with the Massachusetts State-wide Record Retention
			 Schedule.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 405.00 - Fund Accounts › Section 405.21 - Responsible Staff

Current through Register 1525, July 5, 2024
The Executive Director of Administrative Services, under the
				supervision of the Deputy Commissioner of Administration, shall be responsible
				for implementation and monitoring of
				103 CMR
				405.00 throughout the Department. Each Superintendent
				shall be responsible for implementation of
				103 CMR
				405.00 and for the development of any necessary and
				appropriate institution policies and procedures.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 405.00 - Fund Accounts › Section 405.22 - Annual Review

Current through Register 1525, July 5, 2024
103 CMR
				405.00 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 405.00 - Fund Accounts › Section 405.23 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause, or
				phrase of
				103 CMR
				405.00 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
				article, section, subsection, clause or phrase of
				103 CMR
				405.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 410.00 - Sentence Computation › Section 410.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				103 CMR
				410.00 is to establish procedures governing the
				recording, calculation, review and communication of an inmate's sentence
				structure in conformance with applicable laws.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 410.00 - Sentence Computation › Section 410.02 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR
				410.00 cancels all previous Department of Correction
				(Department or DOC) policy statements, bulletins, directives, orders, notices
				and regulations regarding sentence computation which are inconsistent with
				103 CMR
				410.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 410.00 - Sentence Computation › Section 410.04 - Access

Current through Register 1525, July 5, 2024
103 CMR
				410.00 shall be maintained within the Central Policy
				File of the DOC and accessible to all DOC employees. A copy of
				103 CMR
				410.00 shall also be maintained in each
				Superintendent's Central Policy File and in each inmate
				library.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 410.00 - Sentence Computation › Section 410.06 - Determination of Inmate Status

Current through Register 1525, July 5, 2024
The Booking Department of the committing institution shall
				review the
mittimus
to determine the status of the inmate, new
				commitment, admission or transfer.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 410.00 - Sentence Computation › Section 410.07 - New Commitments or Admissions

Current through Register 1525, July 5, 2024
CDCU shall review the
mittimus
to identify the
				inmate's sentence, offense and sentencing statute and shall determine whether
				the sentence complies with statutory requirements.
(1) CDCU shall enter relevant data into the
			 IMS Sentence and Offense screens. In the case of a returned parole violator or
			 return from escape, the Parole Return screen or the Escape Return screen shall
			 be utilized to enter relevant release and return dates for computation
			 purposes.
(2) CDCU shall calculate
			 the inmate's dates utilizing the IMS Sentence screen, and ensure by manual
			 calculation that the sentence structure and date computation are
			 accurate.
(3) Any release date
			 computations not calculated correctly in IMS shall have the release dates
			 manually calculated and entered into IMS by CDCU. CDCU will also check the IMS
			 Manual Date Computation check box. The names of all inmates sentenced by a
			 Massachusetts court whose release dates do not calculate correctly in IMS shall
			 also be maintained on a central list by CDCU.
(4) Once the sentence structure and date
			 computation have been reviewed for accuracy, the CDCU employee conducting this
			 review will check the certification box in the sentence screen in IMS. The
			 committing sites will receive
via
email a notice advising them
			 to print the certified Inmate Sentence Listing (ISL) for both new
			 commitments/admissions and added data on a daily basis by CDCU. The Records
			 Manager or designee shall place the certified ISL in the inmate's institutional
			 six-part folder and issue a copy to the inmate.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 410.00 - Sentence Computation › Section 410.08 - Transfers

Current through Register 1525, July 5, 2024
Upon an inmate's transfer to another institution, the Records
				Manager or designee of the receiving institution shall ensure that all of the
				inmate's
mittimuses
have been stamped as reviewed by CDCU and
				that all respective
mittimuses
are reflected on the ISL. In
				the event there are any documents which have not been stamped by CDCU or
				otherwise accounted for, CDCU shall be notified.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 410.00 - Sentence Computation › Section 410.10 - Additional Data

Current through Register 1525, July 5, 2024
If additional
mittimuses
, jail credit or other
				documents affecting an inmate's sentence are received by the institution
				following the initial sentencing of an inmate, the Records Manager or designee
				shall forward the document(s) to the CDCU. If the additional data received may
				result in a possible upcoming release, the Records Manager or designee shall
				notify CDCU immediately. Once CDCU receives such documents, it shall process
				the additional data and forward the additional data, along with an amended
				certified ISL, to the Records Manager or designee for filing within the six
				part folder and provide a copy to the inmate.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 410.00 - Sentence Computation › Section 410.11 - Forfeiture and Restoration of Good Conduct Credits

Current through Register 1525, July 5, 2024
Inmates eligible for statutory good conduct credit (SGT)
				pursuant to M.G.L. c. 127, § 129 may be subject to forfeitures of such
				credit in accordance with M.G.L. c. 127, §§ 49, 83C and 129 upon the
				finding of guilt of a disciplinary infraction. In such circumstances, the
				disciplinary hearing officer recommends the forfeiture of SGT, and this
				recommendation is reviewed by the Superintendent, Deputy Commissioner of
				Clinical Services and Reentry and Commissioner in sequential order, with a
				denial at any of these levels terminating the process. The Commissioner decides
				whether SGT is to be forfeited, or whether previously-forfeited SGT may be
				restored (based on a recommendation of the Superintendent). Commissioner
				decisions regarding forfeiture or restoration shall be forwarded to the inmate
				and implemented by CDCU.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 410.00 - Sentence Computation › Section 410.12 - Request for Certificates of Discharge or Release

Current through Register 1525, July 5, 2024
CDCU shall issue monthly an upcoming release list to each
				institution for inmates who are releasing within 150 days. The institutional
				Records Manager or designee shall add the inmates to their Master Facility
				Upcoming Release List, as well as perform any duties as specified on the CDCU
				monthly release list.
CDCU will monitor all inmates on the institution upcoming
				release list and award earned good time (EGT).
CDCU shall process all inmate Certificates of
				Discharge/Release. CDCU shall complete a Certificate of Discharge/Release and
				forward the signed Certificate of Discharge/Release to the respective
				Superintendent or his or her designee. The Superintendent or designee shall
				sign the Certificate of Discharge/Release. The physical release of an inmate
				from the DOC's custody shall be in accordance with applicable DOC procedure by
				the Release Coordinator.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 410.00 - Sentence Computation › Section 410.13 - Training

Current through Register 1525, July 5, 2024
CDCU shall provide training on date computation and records
				functions for DOC staff as needed, and provide ongoing training to CDCU staff
				in accordance with 103 DOC 216:
Training and Staff
				Development
.
Institution Records Managers shall train Shift Commanders in
				the role of Release Coordinator. Shift Commanders shall be responsible for
				inmate releases during non-business hours or in the absence of the Records
				Manager/Designee.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 410.00 - Sentence Computation › Section 410.15 - Emergencies

Current through Register 1525, July 5, 2024
Whenever in the opinion of the Commissioner, Deputy
				Commissioner or the Superintendent of a state correctional institution, an
				emergency exists that requires suspension of all or part of
				103 CMR
				410.00, such suspension may be authorized, provided
				that any such suspension, exceeding 48 hours must be authorized by the
				Commissioner.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 410.00 - Sentence Computation › Section 410.16 - Responsible Staff

Current through Register 1525, July 5, 2024
(1) The
			 Commissioner or designee shall be responsible for implementing and monitoring
			 103 CMR
			 410.00 throughout the DOC.
(2) Each Superintendent or designee shall be
			 responsible for the implementation of
			 103 CMR
			 410.00 and for the development of any and all
			 necessary and appropriate institutional procedures.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 410.00 - Sentence Computation › Section 410.17 - Annual Review

Current through Register 1525, July 5, 2024
103 CMR
				410.00 shall be reviewed at least annually by the
				Commissioner or 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 410.00 - Sentence Computation › Section 410.18 - Severability

Current through Register 1525, July 5, 2024
If an article, section, subsection, sentence, clause or phrase
				of
				103 CMR
				410.00 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
				410.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 411.00 - Deduction From Sentence Policy › Section 411.01 - Purpose

Current through Register 1525, July 5, 2024
The granting of deductions from the sentence of an inmate can
				provide incentives for participation in programs or activities.
				103 CMR 411.00 sets forth
				standards under which an inmate may receive deductions from a sentence for
				satisfactory participation in an approved program or activity, and further sets
				forth procedures for the computation of these deductions.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 411.00 - Deduction From Sentence Policy › Section 411.02 - Statutory Authorization

Current through Register 1525, July 5, 2024
103 CMR 411.00 is issued
				pursuant to M.G.L. c.127, §§ 129, 129C and 129D and c. 124,
				§§ 1(j) and (q).
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 411.00 - Deduction From Sentence Policy › Section 411.03 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR 411.00 cancels all
				previous Commissioner's and/or Associate Commissioner's bulletins or other
				departmental or institutional rules, policies, memoranda and regulations
				regarding the granting of deductions from sentence relating to the conduct,
				performance or completion of a program or activity by an inmate in accordance
				with M.G.L. c. 127, §§ 129C and 129D to the extent that they are
				inconsistent with
				103 CMR
				411.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 411.00 - Deduction From Sentence Policy › Section 411.04 - Applicability

Current through Register 1525, July 5, 2024
103 CMR 411.00 is applicable
				to all state inmates in state correctional facilities, county correctional
				facilities, and correctional facilities operated by the federal government or
				other states where inmates committed to the custody of the department are
				confined.
				103 CMR 411.00 may also be
				applicable to inmates committed to a county correctional facility but confined
				in a state correctional facility and to inmates, while still under sentence,
				committed to the Bridgewater State Hospital or a facility of the Department of
				Mental Health in accordance with M.G.L. c. 123, or the Treatment Center for
				Sexually Dangerous Persons in accordance with M.G.L. c. 123A.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 411.00 - Deduction From Sentence Policy › Section 411.05 - Access

Current through Register 1525, July 5, 2024
103 CMR 411.00 shall be
				maintained within the Central Policy File of the Department and will be
				accessible to all department employees. A copy of
				103 CMR 411.00 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 411.00 - Deduction From Sentence Policy › Section 411.06 - Definitions

Current through Register 1525, July 5, 2024
Associate Commissioner of Re-entry and
				Reintegration
- the senior staff person whose duties include, but
				are not limited to, the management of classification, programs, education,
				re-entry and reintegration.
Commissioner
- the chief executive
				officer of the Department of Correction.
Committing Institution
- the
				institution to which the inmate was originally committed,
i.e.,
MCI-Cedar Junction at Walpole, MCI-Concord and
				MCI-Framingham.
Computerized Earned Time Report
- the
				mechanism used to report earned good time credited to an inmate.
County, Interstate and Federal Manager
- the designated staff person whose duties include, but are not limited to,
				issues relating to inmates housed in county, interstate and federal
				facilities.
Criminal Offender Record Information
				(CORI)
- records and data compiled by a criminal justice agency
				which concerns an identifiable individual pursuant to M.G.L. c. 6, §§
				167 through 178B.
Deduction
- a deduction from
				sentence.
Deductions From Sentence Master Card
-
				card used to record inmates' work, education and program participation, earned
				through December, 1990.
Education Program
- an academic
				program which is approved and subsequently entered into the IMS, indicating the
				approval.
Facility
- a state correctional
				facility, a county correctional facility, a correctional facility outside the
				Commonwealth, the Bridgewater State Hospital, the Department of Mental Health
				and the Treatment Center for Sexually Dangerous Persons at which state inmates
				are incarcerated.
Incomplete
- not completing all
				requirements, duties, and responsibilities that attach to a program or
				activity.
Inmate Management System (IMS)
- The
				Department of Correction'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.
Month
- a calendar month.
Prison Camp
- a camp designated by the
				Commissioner pursuant to M.G.L. c. 127, §§ 83 A or 83E,
i.e.,
MCI-Plymouth.
Prison Industry
- a program
				established under M.G.L. c. 127, § 51.
Satisfactory Conduct
-the observance of
				all rules and regulations governing the behavior of an inmate.
Satisfactory Performance
- the
				fulfillment of all requirements, duties and responsibilities that attach to a
				program or activity.
Superintendent
- the chief
				administrative officer of a correctional institution, a director of a contract
				facility or the administrator of a county correctional facility.
Unsatisfactory Conduct
-
				non-observance of any rules and regulations governing the behavior of an
				inmate.
Vocational Training Program
- a
				vocational program which is approved and subsequently entered into the IMS,
				indicating the approval.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 411.00 - Deduction From Sentence Policy › Section 411.07 - Eligibility of Inmates to Receive Deductions from Sentence

Current through Register 1525, July 5, 2024
Each state inmate may receive a deduction from his sentence in
				accordance with
				103 CMR 411.00 unless the
				law under which an inmate is committed specifically prohibits the awarding of
				deductions. An inmate serving a life sentence may be granted such deductions
				except that such deductions shall not take effect upon the sentence computation
				unless the sentence is commuted or otherwise revised to a term of
				years.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 411.00 - Deduction From Sentence Policy › Section 411.08 - Program and Activities

Current through Register 1525, July 5, 2024
(1)
General Standards, Categories of Programs and
			 Activities
. The following are general standards and categories of
			 programs and activities under
			 103 CMR 411.00:
(a) Satisfactory performance of an inmate in
			 a work assignment approved via the institution work assignment plan as outlined
			 in 103 DOC 450:
Institution Work Assignments
.
(b) Satisfactory performance of an inmate in
			 an educational/vocational program. Approved educational/vocational programs are
			 listed in IMS.
(c) Satisfactory
			 performance of an inmate in any other program or activity which has been
			 submitted by the superintendent and approved by the Associate Commissioner of
			 Re-entry and Reintegration. Approved programs are listed in IMS.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 411.00 - Deduction From Sentence Policy › Section 411.09 - Deductions from Sentence

Current through Register 1525, July 5, 2024
(1)
M.G.L. c.127, §129D (Earned Good Time)
.
(a) An inmate may receive a maximum of 7.5
			 days a month deduction from sentence for his/her satisfactory performance in an
			 approved employment, educational or vocational training program or activity.
			 (
Note
: To earn credit for a month's participation, inmates
			 should normally be participating for 15 continuous days or more in a calendar
			 month.) Such deductions shall be granted in the following manner:
1.
Employment
			 Programs
. Deductions totaling not more than 2½ days a month
			 may be granted to an inmate who is involved in one or more work
			 program(s).
2.
Education and Vocation Training Programs
. Deductions
			 totaling not more than 2½ days a month may be granted to an inmate who
			 is involved in one or more educational/vocational training
			 program(s).
3.
Activities
. Deductions totaling not more than
			 2½ days a month may be granted to an inmate who is involved in one or
			 more approved activities.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 411.00 - Deduction From Sentence Policy › Section 411.11 - Computation

Current through Register 1525, July 5, 2024
(1) Deductions from sentence granted under
			 103 CMR 411.00 shall reduce
			 the maximum sentence of the inmate and where the inmate is also serving a
			 minimum sentence, such minimum sentence, unless prohibited by Massachusetts
			 General Laws.
(2) Deductions from
			 sentence under M.G.L. c. 127, §§ 129C and 129D, once earned, shall
			 not be forfeited.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 411.00 - Deduction From Sentence Policy › Section 411.12 - Deductions for Inmates Confined in Facilities Other than State Correctional Facilities

Current through Register 1525, July 5, 2024
An inmate of a state correctional facility who has been
				transferred to a correctional facility operated by the federal government or
				another state may be granted deductions from sentence as listed below:
(1) Inmates may receive deductions for work,
			 education, or vocation programs provided that participation is documented by
			 the receiving state on a progress report.
(2) Inmates may receive deductions for
			 programs in the receiving state only if the program is staff monitored, staff
			 coordinated, and attendance is taken. Further, the program cannot be
			 predominately social in nature and the program should be assessed as to its
			 service to inmates or the community.
(3) The responsible staff person shall
			 request that the administrator of the other correctional facility operated by
			 the federal government or another state recommend, where such administrator
			 deems appropriate, that a deduction from sentence be granted via progress
			 report. A written program summary may be required prior to awarding deductions
			 from sentence.
(4) The responsible
			 staff person shall record the number of sentence deductions of the inmate into
			 the IMS.
(
Note
: County, Federal and Interstate Unit is
				responsible for inmates transferred via the Federal Agreement, New England, or
				Interstate Corrections Agreement; the sending site is responsible for inmates
				transferred via Interstate Agreement on Detainers; the committing site is
				responsible for inmates serving concurrent Massachusetts
				sentences.)
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 411.00 - Deduction From Sentence Policy › Section 411.13 - Emergencies

Current through Register 1525, July 5, 2024
Whenever in the opinion of the Commissioner, Deputy
				Commissioner, or the Superintendent of a state correctional institution, an
				emergency exists which requires suspension of all or part of
				103 CMR 411.00, the
				suspension may be authorized, provided that any such suspension over 48 hours
				must be authorized by the Commissioner.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 411.00 - Deduction From Sentence Policy › Section 411.14 - Responsible Staff

Current through Register 1525, July 5, 2024
(1) The
			 Commissioner shall be responsible for implementing and monitoring
			 103 CMR 411.00 throughout
			 the Department.
(2) Each
			 superintendent or designee shall be responsible for the implementation of
			 103 CMR 411.00 and for the
			 development of any and all necessary and appropriate institutional policies and
			 procedures.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 411.00 - Deduction From Sentence Policy › Section 411.15 - Annual Review

Current through Register 1525, July 5, 2024
103 CMR 411.00 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 that the review has been
				completed. Recommendations for revisions, additions or deletions shall be
				included.