reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 423.00 - Restrictive Housing › Section 423.10 - Calculation of Time in Restrictive Housing

Current through Register 1525, July 5, 2024
If an inmate on Restrictive Housing status is being is held in
				a Health Services Unit (HSU) or placed on a mental watch, unless medical or
				mental health staff determine that it is not in the best interests of the
				inmate, the inmate shall receive Placement Reviews in accordance with
				103 CMR
				423.09.
If an inmate on Restrictive Housing status is transferred from
				one facility's Restrictive Housing Unit to another facility's Restrictive
				Housing Unit, the receiving facility shall schedule the inmate's Placement
				Review on the basis of the date of initial entrance to Restrictive Housing at
				the sending facility.
If an inmate is placed on Restrictive Housing status in the
				inmate's general population housing unit (
i.e
., in cell
				confinement) for any reason and then is moved into the Restrictive Housing
				Unit, the Placement Review shall be scheduled on the basis of the date the
				inmate was first placed on Restrictive Housing status in the general population
				unit.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 423.00 - Restrictive Housing › Section 423.11 - Placement and Transfer to a Secure Adjustment Unit

Current through Register 1525, July 5, 2024
Consistent with the safety of all staff and inmates, an inmate
				may be transferred from Restrictive Housing to outplacement such as a Secure
				Adjustment Unit, following recommendation from the Placement Review Committee
				and a determination by the Superintendent or designee that the inmate no longer
				requires Restrictive Housing but cannot be placed in general population.
An inmate may be placed in a Secure Adjustment Unit for reasons
				including, but not limited to, when an inmate is:
(a) awaiting a hearing for a violation of
			 institution rules or regulations;
(b) pending investigation of a serious
			 violation of institution rules or regulations;
(c) pending investigation for disciplinary
			 offenses or criminal acts that may have occurred while incarcerated;
(d) pending transfer;
(e) pending classification.
To initiate the temporary placement of an inmate from
				Restrictive Housing to a Secure Adjustment Unit, the Superintendent or designee
				shall submit a completed Secure Adjustment Unit transfer request form to the
				Classification Division. The Classification Division shall then identify a bed
				in an appropriate Secure Adjustment Unit and effect such
				transfer.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 423.00 - Restrictive Housing › Section 423.12 - Medical and Mental Health Services

Current through Register 1525, July 5, 2024
Each inmate in Restrictive Housing shall be visited daily by a
				member of the medical staff (unless medical attention is needed more
				frequently) to ensure his or her health and well-being are maintained. These
				visits shall be in addition to dispensing medication, shall be announced, and
				shall be documented in IMS. Documentation shall be separate from a medication
				log and shall include that an announcement has been made. Additional
				documentation by medical staff shall be entered in the IMS Restrictive Housing
				Inmate Daily Log screen. Mental health reviews, rounds and services shall be
				provided in accordance with 103 DOC 650:
Mental Health
				Services
.
A Qualified Mental Health Professional shall make rounds in
				every Restrictive Housing unit and may conduct an out-of-cell meeting with an
				inmate for whom a confidential meeting is warranted in the clinician's
				professional judgment. Inmates shall be evaluated by a Qualified Mental Health
				Professional in accordance with clinical standards adopted by the Department of
				Correction and the Qualified Mental Health Professional's clinical judgment to
				determine whether the inmate has a serious mental illness (SMI) or Restrictive
				Housing is otherwise contraindicated.
An inmate diagnosed with an SMI who is held in Restrictive
				Housing shall be offered additional mental health treatment in accordance with
				clinical standards set forth in 103 DOC 650:
Mental Health
				Services
.
If an inmate diagnosed with an SMI remains in Restrictive
				Housing for more than 30 days, mental health staff shall develop an
				individualized treatment plan that includes weekly monitoring by mental health
				staff, treatment as necessary, and steps to facilitate the transition of the
				inmate back to general population.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 423.00 - Restrictive Housing › Section 423.14 - Maximization of Out-of-cell Activities and Programs

Current through Register 1525, July 5, 2024
To maximize out-of-cell activities, the Superintendent or
				designee at each facility with a Restrictive Housing Unit shall assess whether,
				and to what extent, out-of-cell activities over and above five hours per week
				of out-of-cell recreation time (
i.e
., one hour per day, five
				days a week) per inmate are consistent with the safety and security of all
				staff and inmates in that Restrictive Housing Unit. Such additional out-of-cell
				activities may include, but not be limited to, additional recreation periods,
				longer recreational periods, or programming.
In assessing whether additional out-of-cell activities or
				programs can safely be offered, the Superintendent or designee shall consider
				any factors deemed pertinent to such assessment, including but not limited to,
				the number of inmates in the Restrictive Housing Unit, the number of available
				correction officers, the number of available program staff, the availability of
				physical space in the Unit, the nature of the threat posed by particular
				inmates, and/or the climate of the Restrictive Housing Unit.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 423.00 - Restrictive Housing › Section 423.15 - Records and Staffing

Current through Register 1525, July 5, 2024
(1)
Records
. All activities and events governed by 103 CMR
			 423.00 shall be documented in IMS including, but not limited to: admissions and
			 releases; unit visitors; unusual events; inmates' opportunities for showering;
			 out of cell exercise; telephone access; reviews conducted pursuant to
			 103 CMR
			 423.09 and
			 423.10;
			 and deprivation of any usually authorized items or privileges of an inmate. In
			 the latter mentioned instance, any such deprivation of a usual item or activity
			 shall require that a report be filled out and sent to the Director of Security
			 or designee and to the inmate's case folder.
The Restrictive Housing Unit correctional program officer shall
				maintain Placement Review records.
(2)
Restrictive Housing Unit
			 Staff Qualifications and Training
. All correction officers,
			 supervisors and managers assigned to Restrictive Housing shall be trained in
			 accordance with standards adopted by the Commissioner in consultation with the
			 sheriffs and the Department of Mental Health and shall comport with the
			 requirements set forth in 103 DOC 216:
Training and Staff
			 Development
.
Training should include, but not be limited to, suicide
				prevention, trauma informed care, crisis intervention, de-escalation, signs and
				symptoms of mental illness, co-occurring disorders, emergency response, code
				99, fire exits, restraints, IMS entries, counts, showers, medication,
				recreation, phones, rounds, pyramid of force, unit structure/operations, post
				orders, and interpersonal communications.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 423.00 - Restrictive Housing › Section 423.16 - Responsible Staff

Current through Register 1525, July 5, 2024
The Deputy Commissioner, Prison Division shall be responsible
				for implementation of 103 CMR 423.16 and for the review of all institutional
				procedures.
Each superintendent shall ensure that institutional practices
				conform to these directives.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 423.00 - Restrictive Housing › Section 423.17 - Exigent Circumstances

Current through Register 1525, July 5, 2024
In any instance in which an act or action required by 103 CMR
				423.00 cannot or does not occur for reason of Exigent Circumstances,
				notification shall be made to the Deputy Commissioner, Prison Division. Where
				practicable, notification shall be made prior to the time mandated for the
				occurrence of such act or action. In such instance, responsible staff shall
				attempt to resolve the Exigent Circumstances as soon as possible, and the act
				or action shall be performed as soon as possible after the Exigent
				Circumstances cease to exist.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 423.00 - Restrictive Housing › Section 423.18 - Review Date

Current through Register 1525, July 5, 2024
103 CMR 423.00 shall be reviewed at least annually by the
				Commissioner or a designee. The person or persons conducting the review shall
				issue 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 423.00 - Restrictive Housing › Section 423.19 - Severability Clause

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of 103 CMR 423.00 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
				423.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 424.00 - Phase Treatment Program › Section 424.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				103 CMR
				424.00 is to establish rules regarding patients at
				Bridgewater State Hospital who are identified by clinical staff as needing a
				more highly structured clinical program. The Phase Treatment Program is
				designed to help patients improve behaviors, gain internal controls and advance
				to less restrictive housing units while protecting the safety of patients and
				staff.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 424.00 - Phase Treatment Program › Section 424.02 - Statutory Authorization

Current through Register 1525, July 5, 2024
103 CMR
				424.00 is issued pursuant to M.G.L. c. 124, §
				1(q).
				103 CMR
				424.00 is not intended to confer any procedural or
				substantive rights not otherwise granted by state or federal law, nor any
				private cause of action.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 424.00 - Phase Treatment Program › Section 424.03 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR
				424.00 cancels all previous Department policy
				statements, bulletins, directives, orders, notices, rules or regulations
				regarding the Phase Treatment Program.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 424.00 - Phase Treatment Program › Section 424.05 - Access to Regulations

Current through Register 1525, July 5, 2024
103 CMR
				424.00 shall be maintained within the central policy
				file of the Department, the Bridgewater State Hospital policy file and patient
				law library, and shall be accessible to all Department
				employees.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 424.00 - Phase Treatment Program › Section 424.06 - Definitions

Current through Register 1525, July 5, 2024
Business Day
- Monday through Friday,
				excluding holidays.
Business Hours
- Mondays through
				Fridays, 9:00 A.M. to 5:00 P.M., excluding holidays.
Commissioner
- The Commissioner of
				Correction.
Medical Director
- The Medical
				Director of Bridgewater State Hospital.
Phase Treatment Program
- A
				progressively structured clinical privilege program designed to facilitate
				treatment objectives by assigning patients to one of four phase program status
				designations based on the individual patient's behavioral characteristics and
				treatment needs. There are four phase levels: Special Treatment Status, Phase
				I, Phase II and Phase III.
Special Treatment Status Housing Areas
- Areas designated by the Superintendent to house patients placed on Special
				Treatment Status (STS). Normally, patients assigned to Special Treatment Status
				shall be housed in a designated area of the maximum security units.
Superintendent
- The chief
				administrative officer at Bridgewater State Hospital.
Treatment Team
- A multi-disciplinary
				unit based team charged with developing treatment plans and delivering services
				to patients.
Unit Director
- The staff person
				responsible for clinical management and treatment planning of patients assigned
				to a particular unit.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 424.00 - Phase Treatment Program › Section 424.07 - Assignment of Patients to the Phase Treatment Program

Current through Register 1525, July 5, 2024
(1) Patients may be placed or retained on the
			 Phase Treatment Program if, by their behavior, they are unable to be housed
			 safely, and participate in treatment, with the general population, and if they
			 do not require emergency interventions such as seclusion or
			 restraint.
(2)
(a) Patients may be assigned to Special
			 Treatment Status by a staff psychiatrist, based on a clinical assessment, and
			 in collaboration with the Treatment Team whenever possible.
(b) Patients may be placed on Phases I, II,
			 or III by any clinician, based on a clinical assessment, and in collaboration
			 with the treatment team whenever possible.
(c) During non-business hours, a patient may
			 be temporarily placed on Phase I status by the officer in charge of the unit,
			 pending a clinical evaluation, if the patient is engaging in behavior which, if
			 left unaddressed, could lead to the patient posing a threat to self, others, or
			 the security of the institution. Such a clinical evaluation shall be conducted
			 the next business day.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 424.00 - Phase Treatment Program › Section 424.08 - Continuing Evaluation of Special Treatment Status Patients

Current through Register 1525, July 5, 2024
(1) The Unit Director, or the unit director's
			 designee, of the unit in which the patient is currently housed shall have a
			 clinical contact with each patient on Special Treatment Status at least once
			 daily.
(2) During the daily
			 clinical contact, the patient shall be evaluated and any clinical needs shall
			 be addressed as the clinician deems appropriate.
(3) The Treatment Team shall provide the
			 Medical Director with a written assessment of each patient on Special Treatment
			 Status weekly, or at a more frequent interval, if appropriate. This assessment
			 shall contain a recommendation concerning whether the patient should remain on
			 Special Treatment Status. The Medical Director may, in the exercise of his/her
			 professional judgment, accept or reject the recommendation.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 424.00 - Phase Treatment Program › Section 424.12 - Review Date

Current through Register 1525, July 5, 2024
103 CMR
				424.00 shall be scheduled for review annually from the
				effective date by the Commissioner or his designee. The party or parties
				conducting the review should develop a memorandum to the Commissioner with a
				copy to the Central Policy File indicating revisions, additions, or
				deletions.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 424.00 - Phase Treatment Program › Section 424.13 - Severability Clause

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of
				103 CMR
				424.00 is, for any reason, held by a court of
				competent jurisdiction 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
				424.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 425.00 - Placement Reviews in Secure Treatment Units › Section 425.02 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR 425.00 cancels all previous Department policy
				statements, bulletins, directives, orders, notices, rules and regulations
				regarding placement reviews in Secure Treatment Units that are not inconsistent
				with 103 CMR 425.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 425.00 - Placement Reviews in Secure Treatment Units › Section 425.04 - Access to 103 CMR 425.00

Current through Register 1525, July 5, 2024
103 CMR 425.00 shall be maintained within the Department of
				Correction's central policy file, in each institution's central policy file, in
				each institution's inmate law library, and shall be made available to the
				public.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 425.00 - Placement Reviews in Secure Treatment Units › Section 425.06 - Secure Treatment Units

Current through Register 1525, July 5, 2024
The Commissioner may establish and operate Secure Treatment
				Units at correctional institutions as deemed necessary for the purposes set
				forth in 103 CMR 425.00. Secure Treatment Units include the maximum security
				Secure Treatment Program (STP) and the maximum security Behavioral Management
				Unit (BMU).
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 425.00 - Placement Reviews in Secure Treatment Units › Section 425.07 - Placement and Transfer to a Secure Treatment Unit

Current through Register 1525, July 5, 2024
Placement and transfer to a Secure Treatment Unit shall be made
				as provided in 103 DOC 650:
Mental Health Services
. An inmate
				transferred from the Department Disciplinary Unit (DDU) where the inmate was
				serving a DDU sanction will continue to serve and be credited with the time
				served for such sanction during his or her placement in the Secure Treatment
				Unit.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 425.00 - Placement Reviews in Secure Treatment Units › Section 425.08 - Placement Reviews

Current through Register 1525, July 5, 2024
An inmate who is placed in a Secure Treatment Unit while
				pending a disciplinary hearing or while serving a disciplinary detention or DDU
				sanction imposed pursuant to 103 CMR 430.00:
Inmate Discipline
shall be reviewed as follows:
(a) The
			 inmate's status shall be reviewed at least every 72 hours; and
(b) At each review, the multidisciplinary
			 treatment team shall review the inmate's status and discuss any identified
			 issues or concerns. The review may include consideration of the reason for
			 placement, security issues, disciplinary issues, classification status,
			 conflicts, mental health issues, program needs, compliance with treatment plan
			 goals and objectives, and any other pertinent information. These reviews shall
			 be documented in the Inmate Management System (IMS).
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 425.00 - Placement Reviews in Secure Treatment Units › Section 425.09 - Emergency

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 the suspension of part or all of 103 CMR
				425.00, such suspension may be ordered, provided that any such suspension
				beyond 48 hours must be authorized by the Commissioner for good
				cause.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 425.00 - Placement Reviews in Secure Treatment Units › Section 425.10 - Exigent Circumstances

Current through Register 1525, July 5, 2024
The determination whether Exigent Circumstances precludes the
				occurrence of an act or action otherwise required by 103 CMR 425.00 shall be
				made by the Deputy Commissioner, Prison Division.
In all other instances in which an act or action required by
				103 CMR 425.00 does not occur for reason of Exigent Circumstances, notification
				shall be made to the Deputy Commissioner, Prison Division. In such instance,
				responsible staff shall attempt to resolve the Exigent Circumstances as soon as
				practicable, and the act or action shall be performed as soon as possible after
				the Exigent Circumstances cease to exist.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 425.00 - Placement Reviews in Secure Treatment Units › Section 425.11 - Responsible Staff

Current through Register 1525, July 5, 2024
The Deputy Commissioner, Prison Division, shall implement and
				monitor 103 CMR 425.00 throughout the Department. Each Superintendent of an
				institution with a Secure Treatment Unit shall implement and monitor 103 CMR
				425.00 at the institution.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 425.00 - Placement Reviews in Secure Treatment Units › Section 425.12 - Annual Review

Current through Register 1525, July 5, 2024
103 CMR 425.00 shall be reviewed at least annually by the
				Commissioner or a designee. The person or persons 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 425.00 - Placement Reviews in Secure Treatment Units › Section 425.13 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of 103 CMR 425.00 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 425.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.01 - Purpose

Current through Register 1525, July 5, 2024
103 CMR 430.00 establishes a fair and impartial system
				governing Massachusetts Department of Correction (Department) Inmate
				disciplinary proceedings. The process is intended to serve as a method of
				maintaining order in the institutions while encouraging positive inmate
				behavior change.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.02 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR 430.00 cancels all previous Department or Institution
				policy statements, rules or regulations, and all previous Commissioner's
				Bulletins and Orders, regarding the conduct of disciplinary proceedings, to the
				extent they are inconsistent with 103 CMR 430.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.03 - Applicability

Current through Register 1525, July 5, 2024
103 CMR 430.00 is applicable to Department employees and
				inmates incarcerated within Department institutions, except patients committed
				under M.G.L. c. 123, residents committed under M.G.L. c. 123A and confined at
				the Massachusetts Treatment Center or a branch thereof and subject to the
				provisions of 103 CMR 431.00:
Observation of Behavior Reports
and residents of the Massachusetts Alcohol and Substance Abuse Center. 103 CMR
				430.00 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 430.00 - Inmate Discipline › Section 430.04 - Access to 103 CMR 430.00

Current through Register 1525, July 5, 2024
The Department of Correction shall maintain an employee
				accessible copy of 103 CMR 430.00 within its Central Policy File. Each
				Superintendent shall maintain a copy of 103 CMR 430.00 within his or her
				Central Policy File, and at each inmate library.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.06 - Self-injurious Behavior

Current through Register 1525, July 5, 2024
Disciplinary reports solely for self-injurious behavior are
				prohibited. Disciplinary reports for behavior directly and wholly related to
				self-injurious behavior, such as destruction of state property, are also
				prohibited. Likewise, disciplinary reports for reporting to the Department or
				contract staff feelings or intentions of self-injury or suicide are prohibited.
				Whenever a staff person becomes aware of an inmate's self-injurious behavior,
				the staff person shall prepare an incident report and communicate the matter to
				the appropriate mental health staff in accordance with 103 DOC 650:
Mental Health
.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.07 - Disciplinary Personnel

Current through Register 1525, July 5, 2024
(1) The
			 Superintendent at each maximum and medium institution, in consultation with the
			 Director, shall appoint a Disciplinary Officer who is of supervisory rank or
			 function, who shall perform the functions of that office, as set forth in 103
			 CMR 430.00. The Director shall appoint a Disciplinary Officer(s) who is of
			 supervisory rank or function who shall perform the disciplinary office
			 functions at minimum and pre-release institutions, as set forth in 103 CMR
			 430.00. The Superintendent or Director may appoint an Assistant Disciplinary
			 Officer(s) who is of equal or lesser rank to the Disciplinary Officer for the
			 purpose of performing the functions of that office as set forth in 103 CMR
			 430.00. The Superintendent or Director may appoint a Disciplinary Officer(s)
			 and Assistant Disciplinary Officer(s) for a definite or indefinite term. The
			 Commissioner or Superintendent may appoint a Special Disciplinary Officer for
			 any disciplinary matter or class of disciplinary matters. The Director may
			 appoint a Disciplinary Officer(s) of supervisory rank or function for the
			 purpose of performing the functions of a Disciplinary Officer, as set forth in
			 103 CMR 430.00, for disciplinary matters which may result in the inmate
			 receiving a sanction to a DDU.
(2)
			 The Director shall appoint a Hearing Officer or officers to conduct
			 disciplinary hearings as set forth in 103 CMR 430.00. The Director may appoint
			 a Hearing Officer or officers for a definite or indefinite term and may, in
			 addition, appoint a new Hearing Officer to hear and determine any disciplinary
			 matter or class of disciplinary matters.
(3) The Commissioner may appoint a Special
			 Hearing Officer or officers to handle a particular matter or class of
			 matters.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.08 - Department Disciplinary Unit (DDU) Referral

Current through Register 1525, July 5, 2024
In cases where the Disciplinary Officer, in consultation with
				the Superintendent, determines that a sanction to a DDU may be warranted, the
				Disciplinary Officer shall forward a copy of the disciplinary report and a
				summary of available information to the Director. The Director shall make the
				final determination whether a DDU hearing shall be held.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.09 - Detection and Reporting of Disciplinary Offenses

Current through Register 1525, July 5, 2024
(1)
Informal Handling of Lesser
			 Offenses
. The informal handling of lesser offenses in accordance
			 with existing practices is not precluded or discouraged by 103 CMR 430.00.
			 Where an employee reasonably believes that formal disciplinary action is not
			 necessary, the employee may, with the approval and review of the employee's
			 supervisor, within 24 hours issue a written warning or take other appropriate
			 action and handle the matter informally. When informal sanctions are imposed
			 the inmate shall be notified through an Informal Sanction Form. Additionally,
			 each institution shall record this information into the unit/IMS Informal
			 Sanction Screen within 24 hours to monitor and track informal sanctions being
			 issued within the institution. Inmates may challenge the informal handling of a
			 disciplinary matter and request that the matter be handled formally, and that a
			 disciplinary report be written. If an inmate refuses to sign the Informal
			 Sanction Form, which refusal acts as the inmate's exercise of a challenge to
			 informal handling, the employee may proceed as provided in
			 103 CMR
			 430.09(2). Informal
			 Sanctions are limited to one of the following:
(a) Written Warning;
(b) One - five hours extra duty; to be
			 assigned as needed by the Unit Officer;
(c) One - three days restriction in one's
			 room or unit, to begin within 24 hours of the incident. Inmates on this type of
			 restriction may leave the room or unit to appear at scheduled appointments,
			 programs or meals; or
(d) One -
			 three days loss of a specified leisure activity; to begin within 24 hours of
			 the incident.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.10 - Responsibilities of the Disciplinary Officer

Current through Register 1525, July 5, 2024
Within two business days from receipt of the disciplinary
				report, the Disciplinary Officer shall review the disciplinary report, or make
				any further investigation the Disciplinary Officer deems necessary, including a
				review of informant information, if applicable, and do one of the
				following:
(a) dismiss the disciplinary
			 report;
(b) reduce the disciplinary
			 report to an incident report;
(c)
			 with the approval of the Superintendent, take no immediate action on the report
			 pending the receipt of further information; or
(d) proceed with formal disciplinary action
			 and assign offenses as set forth in
			 103 CMR
			 430.24.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.11 - Proceedings in Formal Disciplinary Matters: Notice and Scheduling of Hearing Before a Hearing Officer

Current through Register 1525, July 5, 2024
(1) Within two
			 business days of the Disciplinary Officer or a designee assigning offenses to
			 the disciplinary report, a copy of the disciplinary report, a notice of
			 hearing, a request for representation/witness form and a request for evidence
			 form, shall be served upon the inmate by the Disciplinary Officer or a
			 designee. Automatic discovery shall ordinarily be served on the inmate at this
			 time, but not less than 48 hours before the hearing. Automatic discovery
			 includes:
(a) copies of incident reports
			 concerning the incident alleged to have occurred in the disciplinary
			 report;
(b) copies of, or access
			 to, all exculpatory evidence;
(c)
			 copies of, or access to, all documentary, photographic, audio, or videographic
			 evidence referred to in the disciplinary report or which the Disciplinary
			 Officer intends to introduce at the hearing;
(d) informant information checklist with
			 applicable sections completed by the Disciplinary Officer;
(e) In cases where the Disciplinary Officer
			 determines restitution may be an appropriate sanction, the disciplinary officer
			 shall provide the inmate with an itemized list of damages or costs associated
			 with or resulting from the inmate's actions.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.13 - The Hearing Officer's General Powers

Current through Register 1525, July 5, 2024
(1) The Hearing Officer shall govern the
			 conduct of every phase of a hearing including, but not limited to, the
			 interpretation and construction of 103 CMR 430.00 and the conduct of all
			 parties. The Hearing Officer may, for good cause, go into executive session at
			 any time to consider procedures, and reconvene the hearing at a reasonable date
			 and time.
(2) The Hearing Officer
			 shall be impartial. If the inmate or inmate's representative challenges the
			 impartiality of the Hearing Officer, the Director or a designee shall determine
			 if the inmate/representative has stated substantial reasons to support the
			 claim. For example, a witness to the event at issue shall not sit as a Hearing
			 Officer. If the Director removes the Hearing Officer, the Director shall
			 designate a replacement as soon as practicable.
(3) The Hearing Officer shall not be bound by
			 the rules of evidence or privilege observed by the courts of the
			 Commonwealth.
(4) All parties,
			 counsel, witnesses and other persons present at a hearing shall conduct
			 themselves in a professional manner consistent with the standards of decorum
			 commonly observed in the courts of the Commonwealth. The Hearing Officer may
			 take whatever appropriate actions are necessary to conduct a hearing when
			 confronted with the improper conduct of any participant.
(5) The Hearing Officer cannot compel the
			 attendance of non-Department of Correction staff.
(6) The Hearing Officer shall make findings
			 of fact, determine guilt or innocence, and make sanction
			 recommendations.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.15 - Procedures for the Use of Informant Information

Current through Register 1525, July 5, 2024
In disciplinary cases involving informant information, the
				Hearing Officer may consider documentary evidence and/or testimony which is not
				presented in the presence of the inmate or the inmate's representative only if,
				after viewing or hearing such documentary evidence or testimony, the following
				has occurred:
(1) The Hearing Officer
			 has made a finding that the informant is reliable and that the information is
			 credible. This finding shall be included in the record and should contain the
			 following information:
(a) The facts upon
			 which the Hearing Officer based the conclusion that the informant was reliable
			 and that the information was credible. These facts should ordinarily not be
			 general and must be specific, as set forth in
			 103 CMR
			 430.15(l)(b).
(b) A statement of the information provided
			 by the informant with as much specificity as is possible, without creating a
			 substantial risk of disclosing the identity of the informant. The statement
			 should demonstrate that the informant had personal knowledge of the information
			 provided.
(c) In making the
			 foregoing findings, the Hearing Officer shall be guided by and record the
			 findings on a form approved by the Commissioner consistent with 103 CMR 430.00,
			 which form includes criteria focusing on the personal knowledge, reliability,
			 and credibility of the informant and the specificity of the information
			 supplied. A separate inquiry and finding shall be made for each informant. Each
			 form with these findings shall be given to the inmate at a reasonable time
			 before the inmate is given an opportunity to question the reporting officer or
			 other witnesses and to present the inmate's case.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.16 - Deliberation and Decision by the Hearing Officer

Current through Register 1525, July 5, 2024
(1) After the close of the presentation of
			 the evidence, the Hearing Officer shall consider and determine the guilt or
			 innocence of the inmate. Evidence relied upon by the Hearing Officer, shall be
			 that on which reasonable persons are accustomed to rely in the conduct of
			 serious affairs. The proponent(s) of the disciplinary report shall have the
			 burden of proving the offense(s) by a preponderance of the evidence.
(2) If the inmate is found guilty, the
			 Hearing Officer may recommend one or more of the sanctions listed in
			 103 CMR 430.25. The
			 inmate's disciplinary chronology shall not be considered by the Hearing Officer
			 in determining the guilt or innocence of the inmate, but it may be considered
			 in deciding the appropriate sanction. The Hearing Officer may recall the inmate
			 after reaching a guilty finding but prior to recommending a sanction to discuss
			 issues related to the decision on sanction(s). Upon a rehearing, the Hearing
			 Officer should not increase the sanction(s) previously recommended without good
			 cause.
(3) Findings requiring the
			 payment of an amount of restitution shall be supported by a preponderance of
			 the evidence.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.17 - Record of Disciplinary Proceedings

Current through Register 1525, July 5, 2024
(1)
			 If a guilty finding is reached, the Hearing Officer shall prepare a written
			 decision containing the following:
(a) a
			 description of the evidence relied upon in reaching the guilty
			 finding;
(b) a statement of the
			 reason(s) for the sanction recommendations, including any mitigating
			 circumstances;
(c) an explanation
			 for the exclusion of evidence and witnesses;
(d) a notice of the right of appeal.
This written decision shall be given to the inmate within five
				business days of the close of the hearing.
A copy of the findings and sanctions (if any) shall also be
				sent directly to the individual who represented the inmate at the disciplinary
				hearing
via
mail, facsimile or electronic means, at the
				request of the inmate or the inmate's representative.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.18 - Appeal Procedures

Current through Register 1525, July 5, 2024
(1) All inmates may
			 appeal the finding or sanction(s) of the Hearing Officer to the Superintendent
			 within 15 days following the inmate's receipt of the Hearing Officer's written
			 decision. If the 15th day of this appeal period does
			 not fall on a business day, this day will not count and the next business day
			 shall be counted as the 15th day. In matters in
			 which a DDU sanction is recommended, the appeal shall be to the Deputy
			 Commissioner of the Prison Division or a designee.
(2) The Superintendent, as the appellate
			 authority, may sustain the finding and sanction recommendation(s) of the
			 Hearing Officer, order a rehearing, reduce or suspend the recommended sanction,
			 dismiss the offenses, or take whatever remedial action the Superintendent deems
			 appropriate. The Superintendent may take into consideration an inmate's
			 documented disability upon appeal. In no event shall the Superintendent
			 increase any sanction recommendation on an appeal from a decision of the
			 Hearing Officer, but may decrease the recommended sanctions as defined in
			 103 CMR 430.25. The
			 Superintendent shall normally decide an appeal within 30 days of its receipt
			 and notify the inmate in writing of the decision with supporting reasons. If a
			 rehearing is ordered, the disciplinary process shall recommence from service of
			 the disciplinary report. A new Hearing Officer shall be assigned to conduct the
			 rehearing.
(3) The Commissioner or
			 a designee may appoint an individual or group of individuals to serve as the
			 appellate authority in place of the Superintendent or Deputy Commissioner of
			 the Prison Division in any disciplinary case or class of cases.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.19 - Review of Dispositions

Current through Register 1525, July 5, 2024
The Deputy Superintendent shall conduct a procedural review of
				all disciplinary dispositions within ten business days of the conclusion of the
				appeal process, to ensure that all procedural guidelines established in
				accordance with 103 CMR 430.00, have been complied with. This review shall be
				documented.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.20 - Not Guilty Findings and Dismissals

Current through Register 1525, July 5, 2024
Dismissed and not guilty disciplinary reports may be kept for
				the specific and exclusive purposes of research, officer training and
				statistical data. Access to any and all of an inmate's disciplinary history by
				criminal justice and law enforcement agencies is permitted as authorized by
				law.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.21 - Placement in Restrictive Housing

Current through Register 1525, July 5, 2024
When an inmate is placed in Restrictive Housing pending
				investigation for a possible disciplinary offense and/or pending adjudication
				of a charged disciplinary offense, such placements shall be governed by 103 CMR
				423.00:
Restrictive Housing
. If an inmate is subsequently
				found guilty of any offense arising from an incident which led to the inmate's
				placement in Restrictive Housing, the inmate shall receive credit for each day
				in Restrictive Housing against a resulting DDU or disciplinary detention
				sanction.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.22 - Disciplinary Detention

Current through Register 1525, July 5, 2024
(1) An inmate may
			 be placed in disciplinary detention only pursuant to a sanction recommended by
			 a Hearing Officer and approved by an appellate authority if the inmate filed an
			 appeal. Placement in disciplinary detention shall not occur until:
(a) the inmate has waived the right to appeal
			 either through submitting a written waiver to the Disciplinary Officer or
			 failure to file an appeal within the time prescribed in
			 103 CMR 430.18;
			 or
(b) the inmate's appeal has been
			 decided against the inmate; or
(c)
			 the inmate has requested in writing to begin the disciplinary detention time
			 notwith-tanding the fact that the appeal is pending.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.23 - Time Limits

Current through Register 1525, July 5, 2024
The procedural time limits set forth in 103 CMR 430.00, except
				for those set forth in 103 CMR 420.28 and
				103 CMR 430.29, are
				directory and may be waived by the Superintendent, Commissioner or their
				designees for good cause and in writing.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.25 - Sanctions

Current through Register 1525, July 5, 2024
(1) Sanctions for each Category 1 offense are
			 as follows:
(a) Loss of statutory good time,
			 not to exceed 360 days loss for all charges arising out of any one incident or
			 substantially related incidents;
(b) Disciplinary Detention for up to 15
			 days;
(c) 60-120 days loss of a
			 privilege including, but not limited to, one of the following: television,
			 radio, multi-media player, personal tablet, canteen, either visits or phone
			 privileges, hot pots, and leisure programs;
(d) Cell or housing restriction for up to 20
			 days; and
(e)
			 Restitution.
(f) Referral to the
			 DDU for a period not to exceed ten years for all violations arising out of one
			 incident or substantially related incidents;
No more than one sanction (excluding restitution) shall be
				imposed per offense and no more than five sanctions (excluding restitution) may
				be imposed for all offenses arising out of any one or substantially related
				incidents in which the highest offense(s) alleged is from Category
				1.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.26 - Sanction Limitations in Restrictive Housing

Current through Register 1525, July 5, 2024
Inmates on Restrictive Housing status shall not serve more than
				a total of 15 days sanction of loss of phone, property (including, but not
				limited to, television, radio, multi-media players and personal tablets),
				visits or canteen. If an inmate retains the use of either a radio or
				television, he or she may receive a loss of privilege sanction consistent with
				103 CMR 430.25(1) through
				(4), of one, but not both, at the same
				time.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.27 - Continuance Without a Finding

Current through Register 1525, July 5, 2024
(1)
			 Disciplinary Officers, Hearing Officers, and any appellate authority under 103
			 CMR 430.00 may, wholly within their discretion, and with the consent of the
			 inmate, continue the inmate's disciplinary report(s) without a finding for a
			 period not to exceed one year or any shorter period as may be set by the
			 Disciplinary Officer, Hearing Officer, or appellate authority. If, at the
			 conclusion of any such continuance, the inmate has pending but unresolved
			 disciplinary charges, the continuance shall be extended until after a hearing
			 is held, and findings issued for any such pending charges which arose during
			 the period of continuance. At the end of any such continuance, the disciplinary
			 report which was continued without a finding shall be filed, unless prior to
			 such time the inmate is charged with and later found guilty of a disciplinary
			 offense committed during the period of the continuance. If the inmate has been
			 found guilty of a disciplinary offense committed during the period of the
			 continuance, guilty findings shall automatically enter on all charges in the
			 continued disciplinary report and the inmate shall be allowed to be heard only
			 on the question of sanctions. A request to be heard on the question of
			 sanctions shall be directed to the Superintendent of the institution in which
			 the inmate is housed.
(2) An inmate
			 agreeing to a continuance without a finding shall be informed in writing that
			 the inmate is waiving the right to a hearing or appeal under 103 CMR 430.00,
			 other than the right to be heard on the question of sanctions if sanctions are
			 later imposed. The inmate in such case shall have no right to appeal the guilty
			 findings or sanction entered under
			 103 CMR
			 430.27(2). Such waiver shall
			 be on a form consistent with 103 CMR 430.00 and approved by the Commissioner or
			 designee and shall be signed by the inmate and any staff aforementioned in
			 103 CMR
			 430.26(1). A request to be
			 heard on sanctions shall be directed to the Superintendent of the institution
			 in which the inmate is housed.
(3)
			 Continuances without a finding under
			 103 CMR
			 430.26 shall not ordinarily be granted for
			 Category 1 offenses.