Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.14 - Fact Finding Aspects of a Hearing before a Hearing Officer

Current through Register 1525, July 5, 2024
(1) At the beginning of a hearing on a
			 disciplinary offense which is designated as a referral to the District Attorney
			 for prosecution, prior to the reading of offenses to the inmate, the Hearing
			 Officer shall advise the inmate that the inmate has the right to remain silent
			 and that anything the inmate says during the hearing may be used against the
			 inmate in a court of law. For any other hearing on a disciplinary offense, at
			 the beginning of the hearing the Hearing Officer shall read the offenses to the
			 inmate and ask if the inmate wishes to admit or deny the offenses. If the
			 inmate admits the offenses, the Hearing Officer may immediately consider
			 mitigating evidence when recommending the sanction(s).
(2) If the inmate does not admit the
			 offenses, the Hearing Officer shall conduct a fact finding hearing at which the
			 Hearing Officer may consider written, oral and physical evidence. All evidence
			 considered by the Hearing Officer shall be presented in the presence of the
			 inmate, except certain informant information, which shall be presented in
			 accordance with the provisions of
			 103 CMR
			 430.15.
(3) The Hearing Officer shall begin the
			 disciplinary hearing by identifying the date, time and place of the hearing,
			 the parties present, and reading the disciplinary report aloud. The inmate
			 shall then be asked for a plea of guilty or not guilty. After the reading of
			 the disciplinary report and the inmate's plea, the Hearing Officer shall
			 consider any preliminary matters. When requested by the Hearing Officer,
			 Reporting Officer, or upon his or her own initiative, the Disciplinary Officer
			 or Assistant Disciplinary Officer shall present the case at issue. Evidence
			 shall ordinarily be presented first by the proponent(s) of the disciplinary
			 report(s), with an opportunity for cross-examination allowed by the inmate or
			 the inmate's representative. The inmate shall then be allowed, but is not
			 required to, present testimony or evidence in support of the inmate's case. An
			 inmate's silence may be used to draw an adverse inference against the inmate,
			 but silence shall not be the sole basis for a guilty finding. An inmate's
			 request for sequestration of witnesses shall not be unreasonably denied,
			 although the Hearing Officer may have appropriate staff present throughout the
			 hearing as required by particular security or safety concerns. The foregoing
			 procedure in no way limits the authority of the Hearing Officer as set forth in
			 103 CMR
			 430.13.
(4) The inmate may call and question
			 witnesses in his or her defense, or to present other evidence, when permitting
			 him or her to do so will not be unduly hazardous to personal or institutional
			 safety. The factors that the Hearing Officer may consider when considering an
			 inmate's request to call witnesses, questioning of witnesses, or offer other
			 documentary or physical evidence shall include, but shall not be limited to,
			 the following:
(a) relevance;
(b) whether the evidence or witness testimony
			 is cumulative or repetitive; and
(c) hazards presented by an individual
			 case.