reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 157.00 - Access To And Dissemination Of Evaluative Information › Section 157.12 - Appeal Process

Current through Register 1525, July 5, 2024
(1)
Institution
. If an individual is dissatisfied with the
			 screening employee's decision regarding the request to review evaluative
			 information pertaining to the individual, the individual may appeal, in
			 writing, to the Superintendent. The Superintendent or a designee shall respond,
			 in writing, to the individual within 15 business days of receipt of
			 appeal.
(2)
Central
			 Office
. If an individual is dissatisfied with the screening
			 employee's decision regarding the request to review evaluative information
			 pertaining to the individual contained at the central office, the individual
			 may appeal, in writing, to the Assistant Deputy Commissioner of Reentry. The
			 Assistant Deputy Commissioner of Reentry shall respond, in writing, to the
			 individual within 15 business days of receipt of appeal.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 157.00 - Access To And Dissemination Of Evaluative Information › Section 157.13 - Challenges to the Accuracy or Completeness of Evaluative Information

Current through Register 1525, July 5, 2024
An individual who believes that the evaluative information
				pertaining to him or her contained in an institutional file or in the IMS
				database is inaccurate, incomplete, or improperly maintained or disseminated
				may, in writing, request the Superintendent of the institution to take remedial
				action. The Superintendent or a designee shall respond, in writing, to the
				individual within 15 business days of receipt of request. If it appears to the
				Superintendent or the designee that the individual's challenge is valid, the
				Superintendent or designee may take corrective action with regard to the
				evaluative information contained in the file. If the individual is dissatisfied
				with the response of the Superintendent or designee, or if the Superintendent
				or designee has not responded within 15 business days of receipt of request,
				the individual may, in writing, request review by the Commissioner. The
				Commissioner or his or her designee shall respond, in writing, to the
				individual within 15 business days of receipt of request.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 157.00 - Access To And Dissemination Of Evaluative Information › Section 157.14 - Time Limits

Current through Register 1525, July 5, 2024
All procedural time limits set forth in
				103 CMR 157.00 are directory
				and may be modified by the Superintendent, the Commissioner, or their
				designee(s).
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 157.00 - Access To And Dissemination Of Evaluative Information › Section 157.15 - Responsible Staff

Current through Register 1525, July 5, 2024
(1) The Assistant
			 Deputy Commissioner of Reentry or designee shall be responsible for
			 implementing and monitoring
			 103 CMR 157.00.
(2) Each Superintendent shall be responsible
			 for the implementation of
			 103 CMR 157.00 and for the
			 development of any institution policies and procedures as necessary for the
			 efficient administration of 105 CMR 157.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 157.00 - Access To And Dissemination Of Evaluative Information › Section 157.16 - Annual Review Date

Current through Register 1525, July 5, 2024
103 CMR 157.00 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 157.00 - Access To And Dissemination Of Evaluative Information › Section 157.17 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of
				103 CMR 157.00 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, clause or phrase
				of
				103 CMR
				157.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 179.00 - RESTRICTIVE HOUSING OVERSIGHT COMMITTEE › Section 179.02 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR 179.00 cancels all previous policy statements, rules or
				regulations regarding the operation of the Restrictive Housing Oversight
				Committee to the extent they are inconsistent with 103 CMR 179.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 179.00 - RESTRICTIVE HOUSING OVERSIGHT COMMITTEE › Section 179.03 - Applicability

Current through Register 1525, July 5, 2024
103 CMR 179.00 is applicable to the Restrictive Housing
				Oversight Committee and all members of the Restrictive Housing Oversight
				Committee. 103 CMR 179.00 is not intended to confer any procedural or
				substantive rights not otherwise granted by state or federal law.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 179.00 - RESTRICTIVE HOUSING OVERSIGHT COMMITTEE › Section 179.04 - Access to Regulation

Current through Register 1525, July 5, 2024
The Department of Correction shall maintain an employee
				accessible copy of 103 CMR 179.00 within its Central Policy File. Each
				Superintendent and each Sheriff shall maintain a copy of 103 CMR 179.00 within
				his or her Central Policy File and at each inmate library.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 179.00 - RESTRICTIVE HOUSING OVERSIGHT COMMITTEE › Section 179.06 - Conflict of Interest

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 127, § 39G (a), members of the
				Committee shall be considered special state employees for purposes of M.G.L. c.
				268A. Each Committee member shall adhere to all applicable provisions of M.G.L.
				c. 268A.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 179.00 - RESTRICTIVE HOUSING OVERSIGHT COMMITTEE › Section 179.07 - Open Meeting Law

Current through Register 1525, July 5, 2024
The Committee shall comply with all relevant provisions of the
				Commonwealth's Open Meeting Law, M.G.L. c. 30A, §§ 18 through 25, and
				940 CMR
				29.00:
Open Meetings.
The Committee
				shall post notice of every meeting in accordance with M.G.L. c. 30A, §
				20(b) and (c), and
				940 CMR 29.03(1), (6)
				and (7). The minutes of all meetings subject
				to the Open Meeting Law, M.G.L. c. 30A, §§18 through 25 shall be kept
				and maintained by the Chair of the Committee or designee.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 179.00 - RESTRICTIVE HOUSING OVERSIGHT COMMITTEE › Section 179.08 - Committee Protocol

Current through Register 1525, July 5, 2024
The Committee shall adopt protocols consistent with M.G.L. c.
				30A, §§18 through 25, and
				940 CMR
				29.00:
Open Meetings
necessary to
				govern the proceedings of the Committee including, but not limited to, bylaws,
				rules and procedures; the designation of a quorum; the development of an
				agenda; and the keeping and maintenance of minutes. The Committee may adopt
				Robert's Rules of Order or other such provisions to maintain order and
				facilitate the conduct of meetings in a democratic, orderly and expeditious
				manner.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 179.00 - RESTRICTIVE HOUSING OVERSIGHT COMMITTEE › Section 179.09 - Compensation and Expenses

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 127, § 39G(a), members of the
				Committee shall serve without compensation, but may be reimbursed for all
				reasonable expenses incurred in the performance of their official
				duties.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 179.00 - RESTRICTIVE HOUSING OVERSIGHT COMMITTEE › Section 179.10 - Reporting Responsibilities of the Committee

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 127, § 39G(b), the Committee shall
				gather information regarding the use of restrictive housing in correctional
				institutions to determine the impact of restrictive housing on inmates, rates
				of violence, recidivism, incarceration costs and self-harm within correctional
				institutions. The Committee may request that the Commissioner or the Sheriffs
				provide documents and data regarding the use of restrictive housing. While the
				Committee may request documents or data in a particular format, it shall be up
				to the Commissioner or the Sheriffs to determine in which format the data or
				documents will be provided.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 179.00 - RESTRICTIVE HOUSING OVERSIGHT COMMITTEE › Section 179.11 - Statements and Press Releases

Current through Register 1525, July 5, 2024
No Committee member shall make any statement to the public or
				press on behalf of the Committee about any matters pending before the
				Committee, or a statement that purports to be made on behalf of the Committee,
				unless approved by the Committee to do so.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 179.00 - RESTRICTIVE HOUSING OVERSIGHT COMMITTEE › Section 179.13 - Access to Correctional Facilities

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 127, § 39G(c), the Commissioner and
				the Sheriffs shall provide Committee members with access to all correctional
				institutions consistent with the duties of the Committee. The Committee shall
				identify the specific correctional institution(s) to be accessed and specify
				the date(s) and timeframe(s) during which such member(s) may seek such access.
				The Committee shall ensure that less than a quorum, as defined by M.G.L. c.
				30A, § 18, is present at any one correctional institution at the same
				time. The Committee Chair shall then notify the Commissioner or the respective
				Sheriff of such information and request that access be afforded to the
				specified correctional institution(s) on the specified date(s) and timeframe(s)
				and provide a list of Committee members who will be seeking access to the
				facilities. Entrance of Committee members shall be subject to all Department of
				Correction and county rules and regulations governing entrance and visitation.
				In no instance may any Committee member, while acting as a Committee member,
				seek access to a correctional facility for any reason other than to conduct
				official Committee business. Nothing in 103 CMR 179.13 shall be construed to
				limit any individual Committee member's access to a correctional institution or
				inmate as a private citizen acting solely for personal or professional reasons
				unrelated to their work as a Committee member.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 179.00 - RESTRICTIVE HOUSING OVERSIGHT COMMITTEE › Section 179.14 - Access to Inmates and Staff

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 127, § 39G(c), Committee members
				shall be allowed to interview inmates and staff of state and county
				correctional facilities, with their consent.
The Committee shall provide the Commissioner or relevant
				Sheriff with advance notice of the names or identities of the staff members
				and, if known, of inmates whom the Committee members wish to interview. The
				Committee members may also interview any previously unidentified inmates, with
				their consent, while on site at any correctional facility. In no instance may a
				Committee member, while acting as a Committee member, interview inmates or
				staff about any matter that is unrelated to official Committee business. In no
				instance shall the Committee or Committee members be entitled to access any
				personal or personnel information of state or county employees or of any
				vendors or volunteers for the state or county facilities, other than aggregate
				training data so as to permit the Committee to assess the extent to which staff
				who work with inmates in restrictive housing receive specialized training.
				Nothing contained in 103 CMR 179.00 shall compel any staff member, vendor,
				volunteer, or inmate to be interviewed in whole or in part, to waive any
				privilege, or to waive any entitlement of confidentiality. Without a written
				release from the inmate, neither the Committee nor any Committee member shall
				be entitled to access any non-public information or records pertaining to such
				inmate, including but not limited to, medical records and Criminal Offender
				Record Information under M.G.L. c. 6, § 167
et
				seq.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 179.00 - RESTRICTIVE HOUSING OVERSIGHT COMMITTEE › Section 179.15 - Limitations on Use of Information and Documents by the Committee and Committee Members

Current through Register 1525, July 5, 2024
Nothing contained in 103 CMR 179.00 shall be construed as
				limiting or constraining Committee members from properly obtaining or accessing
				non-public information when such individual is acting as a Committee member. In
				no instance, however, shall any member of the Committee use any non-public
				information, data, and/or records obtained through or as a result of any
				member's work on the Committee, other than in the manner specified in M.G.L. c.
				127, § 39G and 103 CMR 179.00. To ensure that the rights of all inmates,
				including but not limited to, privacy rights and rights under M.G.L. c. 6,
				§§ 167 through 178(b), are protected, in addition to any and all
				requirements of the Open Meeting Law, M.G.L. c. 30A, §§18 through 25
				and
				940 CMR
				29.00:
Open Meetings,
at any
				Committee meeting, regardless of whether the Committee meets in a session open
				to the public or in executive session, the following requirements and
				restrictions apply. Unless a written waiver is obtained from the inmate,
				neither the Committee nor any Committee member shall use, cite, enter as an
				exhibit, or rely on, any non-public document that identifies any inmate by name
				or inmate number or which, even if the inmate's name or inmate number is not
				used, would otherwise allow the identity of the inmate to be determined.
				Similarly, unless a written waiver is obtained from the inmate, neither the
				Committee nor any Committee member shall identify any inmate by name or
				otherwise divulge information of such a nature that would allow the identity of
				the inmate to be determined. Any document that the Committee or Committee
				member deems necessary to use, cite, enter as an exhibit, or rely on shall be
				redacted prior to its use at any meeting in such a manner so that the identity
				of any inmate cannot be determined. Pursuant to M.G.L. c. 30A, § 21(a)(1),
				the Committee shall not discuss the reputation, character, physical condition,
				or mental health of any identified inmate at any meeting unless a written
				waiver is obtained from the inmate. All requested documents obtained by the
				Committee or any Committee member pursuant to 103 CMR 179.16 shall be kept and
				maintained by the Chair of the Committee or designee.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 179.00 - RESTRICTIVE HOUSING OVERSIGHT COMMITTEE › Section 179.16 - Annual Report

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 127, § 39C(d), the Committee shall
				annually, not later than January 31st, submit to the
				house and senate chairs of the joint committee on the judiciary and the house
				and senate chairs of the joint committee on public safety and homeland security
				a report offering its recommendations on the use of restrictive housing in the
				Commonwealth, including ways to minimize its use and improve outcomes for
				inmates and facility safety. The report shall also include the following
				information for each correctional institution:
(a) the criteria for placing an inmate in
			 restrictive housing;
(b) the extent
			 to which staff who work with inmates in restrictive housing receive specialized
			 training;
(c) the results of
			 evaluations of the process of restrictive housing in the Commonwealth and other
			 states;
(d) the impact of use of
			 restrictive housing on prison order and control in correctional
			 facilities;
(e) the cost of housing
			 an inmate in restrictive housing compared with the cost of housing an inmate in
			 general population; and
(f) the
			 conditions of restrictive housing in the Commonwealth.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 179.00 - RESTRICTIVE HOUSING OVERSIGHT COMMITTEE › Section 179.17 - Emergency

Current through Register 1525, July 5, 2024
Whenever in the opinion of the Commissioner or Sheriff an
				emergency exists which requires the suspension of part or all of 103 CMR
				179.00, such suspension may be ordered for good cause.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 179.00 - RESTRICTIVE HOUSING OVERSIGHT COMMITTEE › Section 179.18 - Responsible Staff

Current through Register 1525, July 5, 2024
The Commissioner shall oversee the implementation of 103 CMR
				179.00 throughout the Department correctional facilities and monitor its
				implementation in county correctional facilities.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 179.00 - RESTRICTIVE HOUSING OVERSIGHT COMMITTEE › Section 179.19 - Annual Review

Current through Register 1525, July 5, 2024
103 CMR 179.00 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 179.00 - RESTRICTIVE HOUSING OVERSIGHT COMMITTEE › Section 179.20 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of 103 CMR 179.00 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, clause or phrase of 103 CMR 179.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 180.00 - Research and Evaluation › Section 180.02 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR
				180.00 cancels all previous Department policy
				statements, bulletins, directives, orders, notices, rules or regulations
				regarding research and evaluation to the extent they are inconsistent with
				103 CMR
				180.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 180.00 - Research and Evaluation › Section 180.04 - Access to Regulation

Current through Register 1525, July 5, 2024
103 CMR
				180.00 shall be maintained within the Department's
				central policy file and shall be accessible to all Department employees. A copy
				of
				103 CMR
				180.00 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 180.00 - Research and Evaluation › Section 180.05 - Definitions

Current through Register 1525, July 5, 2024
Criminal Offender Record Information
				(CORI)
. Records and data in any communicable form compiled by a
				criminal justice agency which concerns an identifiable individual and relates
				to the nature or disposition of a criminal charge, an arrest, a pretrial
				proceeding, other judicial proceeding, sentencing, incarceration,
				rehabilitation or release.
Department
. The Department of
				Correction.
Department of Criminal Justice Information Services
				(DCJIS) (formerly the Criminal History Systems Board)
. The
				Massachusetts authority responsible for the quality control of all data entered
				into the NCIC systems, and management of policy compliance for the collection,
				storage, dissemination, and usage of CORI through the DCJIS and/or other
				mediums.
Department Research
. Studies conducted
				by Department employees usually by, or in conjunction with, the Department's
				Research and Planning Division.
Division Head
. The administrator
				responsible for the operations of a particular division.
Executive Director of Strategic Planning and
				Research
. The administrator responsible for the oversight of the
				Performance Measures Division, Research and Planning, and Grants.
Medical Research
. Medical research
				shall include, but not be limited to, medical experiments, cosmetic and
				pharmaceutical studies using inmate subjects.
Outside Research
. Studies conducted by
				individuals from universities, research firms, or other agencies. These
				individuals are not Department employees conducting research under the auspices
				of the Department.
Principal Researcher
. The person who
				provides on-site supervision of an outside research study, and is responsible
				for the detailed conduct of the research.
Social Science Research
. Research that
				includes, but is not limited to, studies involving the use of interviews,
				questionnaires, participant observation and reviews of case records. It shall
				not include any study that exposes research subjects to the possibility of
				physical, physiological, or other harm as a consequence of their participation
				in the study.
Superintendent
. The chief
				administrative officer of a state correctional institution.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 180.00 - Research and Evaluation › Section 180.06 - Medical Research

Current through Register 1525, July 5, 2024
Inmates within the custody of the Department shall be permitted
				to participate in medical and pharmaceutical research.
				103 CMR
				180.00 policy permits inmate participation in medical
				or pharmaceutical research. Institutions electing to participate in such
				biomedical research shall be in compliance with all state and federal
				guidelines.
(1) All proposals for
			 clinical trials under
			 103 CMR
			 180.00 shall be submitted to the Deputy Commissioner
			 of Clinical Services and Reentry for review and approval. Such trials must also
			 be reviewed and approved by the Lemuel Shattuck Hospital Institutional Review
			 Board (IRB). A copy of all proposals shall be kept on file in the Department's
			 Research and Planning Division;
(2)
			 All proposals for clinical trials under
			 103 CMR
			 180.00 must conform to the requirements of the Code of
			 Federal Regulations ( 45 CFR 46,
et. seq
.,
Protection
			 of Human Subjects
), establishing special provisions which protect
			 prisoners involved as human subjects in research activities, and applicable
			 state law;
(3) All clinical trials
			 under
			 103 CMR
			 180.00 shall be conducted within conditions approved
			 by the Deputy Commissioner of Clinical Services and Reentry. The Health
			 Services Division shall establish policies and procedures consistent with
			 103 CMR
			 180.00. (
See
103 DOC 662:
Clinical Trials and Medical Research Involving Inmate
			 Participation
, available at
http://www.mass.gov/doc/policy
).
(4) Nothing in
			 103 CMR
			 180.00 shall be construed as affording any inmate a
			 protected right to participate in clinical trials or as creating any private
			 right of action to enforce the provisions of
			 103 CMR 180.05 not
			 otherwise available by law.
(5)
			 Research that is comprised of both a medical and a social science component
			 shall be submitted to the Research and Planning Division for review. The
			 Executive Director of Strategic Planning and Research shall determine if any
			 areas of the research require review by the Deputy Commissioner of Clinical
			 Services and Reentry. If the determination is yes, both shall review the areas
			 of research pertaining to his or her area of expertise and then make a joint
			 recommendation to the Superintendents and the Commissioner.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 180.00 - Research and Evaluation › Section 180.08 - Procedure for Obtaining Approval to Conduct Outside Social Science Research

Current through Register 1525, July 5, 2024
(1) For research involving inmate contact at
			 a correctional facility, the following procedures are required:
(a) Three hard copies and one electronic
			 version of the application prepared in accordance with
			 103 CMR 180.06
			 shall be submitted to the Executive Director of Strategic Planning and Research
			 or designee. If the application is deemed complete and acceptable, one copy of
			 the application shall be circulated by the Research and Planning Division to
			 the appropriate Superintendent(s) of the institutions and/or Division Heads
			 where the research will be conducted;
(b) the Superintendent and/or Division Head
			 shall return a copy of the application with a recommendation to the Research
			 and Planning Division;
(c) the
			 Research and Planning Division shall forward the research application with the
			 results of its review and a recommendation, including recommendations from
			 Superintendents and/or Division Heads, to the Commissioner for final
			 decision;
(d) the Commissioner
			 shall provide written notification of the decision to approve or disapprove a
			 research proposal to the Research and Planning Division. The Research and
			 Planning Division shall notify the applicant and all relevant parties, such as
			 the Superintendents and Division Heads.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 180.00 - Research and Evaluation › Section 180.09 - Conduct of Outside Social Science Research

Current through Register 1525, July 5, 2024
(1) For research not involving direct contact
			 with inmates, the following procedures are required:
(a) research involving CORI shall be
			 conducted as required by
			 803 CMR 2.00 through
			 9.00;
(b) the principal researcher shall maintain
			 records adequate to enable the Department's Research and Planning Division or
			 the institution Superintendent and/or Division Head(s) to ascertain the status
			 of the study at any time;
(c) no
			 employee of the Department (staff, officers, management, and vendors) shall
			 receive compensation, remuneration, or payment of any kind from the researcher.
			 An employee receiving such compensation, remuneration, or payment shall be
			 subject to administrative sanctions deemed appropriate by the
			 Commissioner;
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 180.00 - Research and Evaluation › Section 180.11 - Consideration of Other Research Related Requests

Current through Register 1525, July 5, 2024
The Executive Director of Strategic Planning and Research or
				designee reserves the right to determine whether some research related requests
				are such that the request may be granted with the submittal of a less extensive
				application than required by
				103 CMR 180.06.
				Such research requests posed to the Department may include, but are not
				restricted to:
(a) existing
			 longitudinal studies whereby the researchers need to establish that
			 participants of their original study currently reside at the Department.
			 Researchers shall request permission to conduct research involving an inmate,
			 whether it is to interview the inmate(s), have the inmate(s) complete a
			 questionnaire, or some other means of participation in a research study.
			 However, in such cases, researchers are required to submit at a minimum the
			 information required by
			 103 CMR 180.06.
			 The Executive Director of Strategic Planning and Research or designee may
			 request additional information related to the study and grant permission for
			 inmates to participate along with approval from the Superintendent at the
			 institution where each identified inmate resides;
(b) surveys sent to Department staff, a copy
			 of which should be provided to the Research and Planning Division;
(c) requests for information that involve
			 research staff or other Department staff to ascertain data not already in the
			 public domain.
(d) requests to
			 interview or otherwise study five or fewer inmates. Approval from the
			 Superintendent(s) at the institution where each identified inmate is housed is
			 required.
(e) requests to interview
			 or otherwise study five or fewer employees of the Department. Approval from the
			 Superintendent(s) or Division Head(s) where the employees work is
			 required.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 180.00 - Research and Evaluation › Section 180.12 - Violations of Outside Social Science Research

Current through Register 1525, July 5, 2024
(1) Violations of
			 103 CMR
			 180.00 on outside research or other department
			 regulations in the course of the research may lead to removal of permission to
			 conduct the current study and any further research.
(2) Violations of
			 803 CMR 8.00:
Obtaining Criminal Offender Record Information (CORI) for Research
			 Purposes
with regard to CORI may subject the violator to civil or
			 criminal liability under M.G.L. c. 6, §§ 177 and 178. M.G.L. c. 6,
			 §§ 177 and 178 provide that it is a criminal offense to knowingly
			 disclose to any unauthorized person or agency any criminal offender record
			 information concerning an individual or to knowingly falsify any criminal
			 offender record information. Unauthorized access to or dissemination of
			 criminal offender record information is punishable by a fine of not more than $
			 5,000.00 , or imprisonment in a jail or house of correction for not more than
			 one year, or both for each knowing violation. Any such dissemination is also
			 subject to a suit for civil damages and/or a civil fine of not less than
			 $100.00 and not more than $ 1,000.00 for each such knowing violation.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 180.00 - Research and Evaluation › Section 180.13 - Department Social Science Research

Current through Register 1525, July 5, 2024
(1)
Research Design
. A research design for Department
			 research shall be prepared in accordance with
			 103 CMR
			 180.06(6).
(2)
Superintendent
			 Review
. If the study is to be performed at a correctional
			 institution, the superintendent shall have the opportunity to review the
			 research design and make any recommendations prior to the start of
			 research.
(3)
Division
			 Head Review
. If the study is to be conducted in conjunction with a
			 Department division, the Division Head shall have the opportunity to review the
			 research design and make any recommendations prior to the start of the
			 research.
(4)
Commissioner Review
. The Commissioner shall have the
			 opportunity to review the research design and make the decision regarding
			 approval or disapproval of the research.
(5)
Voluntary Participation of
			 Inmates
. If the research design calls for the direct participation
			 of inmates, such as by responding to interviews or completing questionnaires,
			 it shall be made clear to all inmates that their participation in the research
			 shall be voluntary.
(6)
Dissemination of Research Results
. Research results
			 shall be available to the Commissioner and, in instances where the study has
			 been conducted at a correctional institution, the superintendent. Research
			 findings shall ordinarily be published and distributed, unless it had
			 previously been determined by the Commissioner that the study be conducted for
			 internal purposes only.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 180.00 - Research and Evaluation › Section 180.14 - Responsible Staff

Current through Register 1525, July 5, 2024
(1) The Executive
			 Director of Strategic Planning and Research shall be responsible for the
			 implementation of
			 103 CMR
			 180.00 throughout the Department.
(2) Each superintendent shall be responsible
			 for implementation of this policy, 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 180.00 - Research and Evaluation › Section 180.15 - Annual Review

Current through Register 1525, July 5, 2024
103 CMR
				180.00 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 180.00 - Research and Evaluation › Section 180.16 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause, or
				phrase of
				103 CMR
				180.00 if for any reasons 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
				180.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				103 CMR
				403.00 is to establish Department of Correction
				(Department or DOC) regulations and procedures governing the receipt, transfer,
				storage, maintenance, release and disposal of the property of inmates confined
				in state correctional institutions.
				103 CMR
				403.00 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 403.00 - INMATE PROPERTY › Section 403.02 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR
				403.00 cancels all previous Department or institution
				policy statements, bulletins, directives, orders, notices, rules, regulations,
				or standard operating procedures, regarding inmate property to the extent that
				they are inconsistent with
				103 CMR
				403.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.03 - Applicability

Current through Register 1525, July 5, 2024
103 CMR
				403.00 is applicable to all inmates, whether sentenced
				or awaiting trial, probation/parole detainees, or civilly committed individuals
				housed in state correctional institutions except individuals committed to the
				Bridgewater State Hospital.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.04 - Access to Regulation

Current through Register 1525, July 5, 2024
103 CMR
				403.00 shall be maintained within the Department
				Policy Manual, in each Superintendent's Central Policy File, and in each inmate
				library.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.06 - Property Storage Area

Current through Register 1525, July 5, 2024
Each institution shall maintain a secure inmate property
				storage area. Only the Superintendent or a designee and the property officer
				shall have access to this area unless additional personnel are specifically
				authorized by the Superintendent or a designee.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.07 - Appointment and Duties of the Institution Property Officer

Current through Register 1525, July 5, 2024
The Superintendent at each institution shall appoint a Property
				Officer who is responsible for the inventory, recording, storage, control,
				inspection, purchase and/or sale of all inmate property.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.08 - Inmate Property Inventory and Documentation

Current through Register 1525, July 5, 2024
(1)
			 The Property Officer at each institution shall maintain a current, accurate,
			 individual property inventory for each inmate housed or assigned to the
			 institution, which shall be maintained in IMS.
(2) The Superintendent or designee shall
			 ensure that the institution conducts a property inventory for each inmate
			 housed or assigned to the institution on an annual basis. The officer
			 conducting the inventory search shall provide the inmate with a copy of the IMS
			 master list detailing the property that was accounted for during the inventory.
			 The inmate shall then acknowledge that the inventory list on IMS accurately
			 reflects his or her property. Refusals to acknowledge shall be documented by
			 the Property Officer.
(3) The use
			 of, format, required content, and/or specific procedures regarding all forms,
			 reports,
etc
., either paper or electronic, or changes thereto,
			 shall be initially forwarded to the Property Committee for review, then to the
			 Commissioner for approval.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.09 - Approved Property for Inmates Being Transported

Current through Register 1525, July 5, 2024
Inmates transferring from one institution to another, or to the
				Department Disciplinary Unit (DDU), shall transfer with a limited amount of
				property on their person and included within a ditty bag. The property allowed
				for inclusion in the ditty bag shall be in accordance with the Inmate Property
				Standard Operating Procedures, which is available at each inmate library and at
				http://www.mass.gov/eopss/law-enforce-and-cj/prisons/doc-policies/policy-list.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.11 - Additional Property Authorized for Retention by Inmates

Current through Register 1525, July 5, 2024
Additional property items may be approved at any level
via
written approval of the Property Committee and the
				Commissioner. The authorized property shall be consistent with the security
				needs of the institution and the available storage space in inmate living
				quarters.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.12 - Responsibility for Property Retained by Inmates

Current through Register 1525, July 5, 2024
Inmates are responsible for the safekeeping of all property
				which they are permitted to retain in their living quarters. In addition,
				inmates shall:
(1) Maintain all
			 receipts and property inventories provided by the property officer to document
			 proof of ownership upon request of a staff member. If an inmate fails to show
			 proof of ownership, said property shall be considered contraband unless
			 ownership can otherwise be established.
(2) Ensure that no personal or state property
			 is altered in any manner.
(3)
			 Ensure that they do not dispose of any property without the approval of the
			 Property Officer.
(4) Ensure that
			 their clothing is not worn too large or too small, and does not contain hoods,
			 turtlenecks, excessive holes or tears, built-in athletic supporters, quilted or
			 removable liners, leather or suede garments, appliqués, pictures,
			 graphics, logos, insignia, writing or other ornaments, except for
			 institutional/state logos, lettering, or graphics, as supplied and authorized
			 by the institution or Department.
(5) Under no circumstances shall inmates
			 accumulate property to the point where it becomes a fire, sanitation, security
			 or housekeeping hazard. Where excessive property has been accumulated, certain
			 items, even though previously authorized for retention, may be removed from the
			 inmate's living quarters and forwarded to the Property Officer, who shall
			 proceed with the disposal procedure as outlined in l 03 CMR 403.15.
(6) Inmates shall be responsible for ensuring
			 that at no time do they have in excess of ten books, magazines or newspapers in
			 total.
Whenever property items are not properly maintained by inmates,
				they may be deemed contraband and disposed of in accordance with
				103 CMR
				403.15.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.14 - Inmate Identity Documents

Current through Register 1525, July 5, 2024
(1) The following
			 documents, if available, shall be held in storage for all offenders:
(a) Social Security Card;
(b) Immigration documents, including, but not
			 limited to:
1. Resident Alien Card (green
			 card);
2. Certificate of
			 Naturalization;
3. Certificate of
			 Citizenship.
(c) State
			 issued ID;
(d) Driver's License or
			 RMV Photo ID;
(e)
			 Passport;
(f) Military ID/Veterans
			 DD214;
(g) Birth Certificate;
(h) Marriage
			 Certificate;
(i) Health Insurance
			 Card;
(j) Release
			 Portfolio;
(k) HS/GED/Hi-Set
			 Certificate;
(l) Trade
			 Licenses;
(m) Educational
			 Transcripts.
All other identity documents shall be deemed contraband and
				disposed of in accordance with
				103 CMR
				403.15.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.15 - Disposal of Inmate Property

Current through Register 1525, July 5, 2024
(1) Unless
			 otherwise noted, the process for the disposal of inmate property is as follows:
(a) Within one week of property being deemed
			 contraband, the Property Officer at the institution temporarily storing the
			 contraband shall initially notify the inmate of the item being stored by
			 providing him or her with the IMS Contraband Notification and Disposal
			 form.
(b) With the exception of
			 money orders, certified checks, bank checks, postage stamps, and cash, which
			 are to be disposed of in accordance with
			 103 CMR 403.16(2),
			 (3) and/or (4), the inmate may elect to
			 dispose of the items by one of the following methods:
1. have the property retrieved by a
			 visitor;
2. have the property
			 mailed out to a specified destination at the inmate's expense;
3. have the property disposed of as seen fit
			 by the institution.
(c)
			 Once the inmate has selected the method of disposal and responds to the
			 Property Officer in writing, arrangements for disposal shall be made. The
			 property shall be properly marked and recorded in IMS noting the date, method
			 of disposal, and address to which the property was sent, if
			 appropriate.
(d) If the inmate does
			 not respond within 30 days of the initial contraband notification, a final 30
			 day notification for response shall be printed from IMS and sent to the
			 inmate.
(e) If there is no response
			 after the final notification period elapses, then the institution may dispose
			 of the property in accordance with 103 CMR 403.15(1)(b)3.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.17 - Long Term Storage of Inmate Property

Current through Register 1525, July 5, 2024
(1)
			 Where an inmate makes a request in writing and satisfactorily provides a
			 compelling need for long term storage of property items of value, the
			 Superintendent or designee may approve the request. Once a Superintendent or
			 designee approves the long term storage request, he or she shall notify the
			 inmate and the appropriate property department in writing. The notification
			 shall include a detailed list of the items approved for long term storage. For
			 those items requested, but not approved for long term storage, the
			 Superintendent or designee shall notify the inmate and the appropriate Property
			 Department in writing that said property was not approved for long term
			 storage. The Property Department shall then follow the procedures set forth in
			 103 CMR
			 403.15.
(2) For those inmates who have not been moved
			 to higher security since April 12, 1991 and are requesting long term storage of
			 contraband items possessed prior to April 12, 1991, the Department of
			 Correction shall approve this request provided the inmate submits proof that
			 every member of his or her immediate family who has visited within the previous
			 12 months cannot accommodate the storage of the contraband property. These
			 inmates may be allowed to retain memory typewriters or word processors only if
			 they are willing to have the institution send out their machines and have any
			 memory disabled and disk drive sealed at inmate expense.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.18 - Transfer or Release of Inmate Property

Current through Register 1525, July 5, 2024
(1)
			 Upon notification of transfer of an inmate, the sending institution Property
			 Officer or designee shall prepare a ditty bag for transfer. The contents of the
			 ditty bag shall be recorded in IMS. The Property Officer shall also search and
			 inventory all the inmate's remaining property and transfer all property
			 authorized for retention at the receiving facility security level to the inmate
			 as soon as practicable thereafter. Any and all property which is considered to
			 be contraband at the inmate's receiving facility shall be disposed of by the
			 sending facility in accordance with
			 103 CMR
			 403.15. The Property Officer shall release
			 the inmate's inventory to the receiving facility
via
IMS.
(2) All food items in
			 possession of an inmate shall not be transferred between institutions. All such
			 food items shall be considered contraband and disposed of in accordance with
			 103 CMR
			 403.15.
(3) At the receiving facility, the inmate
			 shall sign a receipt, generated from IMS, accepting the property returned and
			 such receipt shall be kept with the inmate's property record. In the event that
			 an inmate refuses to sign a receipt, such refusal shall be noted on the
			 inventory by the Property Officer or designee, but shall not be grounds for
			 withholding the property.
(4)
			 Whenever an inmate is absent from his or her living quarters for an extended
			 period of time (
e.g
., outside hospital, disciplinary
			 detention), the officer in charge of the area in which the inmate is housed
			 shall securely lock the inmate's living quarters or property in accordance with
			 Standing Operating Procedures.