reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 471.00 - Religious Programs And Services › Section 471.08 - Range of Religious Activities and Services

Current through Register 1525, July 5, 2024
(1)
General Policy
.
			 Each institution shall make reasonable efforts to establish and maintain
			 religious activities and services for all inmates who are affiliated, or wish
			 to become affiliated, with recognized religious denominations or groups.
			 Approved religious practice and property items for recognized religious
			 denominations or groups are listed in the Religious Services
			 Handbook.
(2)
Clergy
			 Services
. The Superintendent, or designee, and the Institution
			 Chaplains, should make reasonable efforts to ensure that an accredited
			 representative of an inmate's religious faith is available to provide formal or
			 informal services to inmates who so request wherever the inmate is confined
			 within the institution.
(3)
Religious Groups
. Recognized religious groups or
			 denominations are listed in the Religious Services Handbook. An inmate who is
			 affiliated with, and wishes to participate in, a recognized religious group not
			 currently functioning at an institution, should comply with the procedures
			 outlined in
			 103 CMR
			 471.09.
(4)
Religious
			 Activities
. Each religious group is encouraged to plan its own
			 activities, using the appropriate community and institution resources.
			 Religious activities include, but are not limited to: worship, interfaith
			 services, religious instruction, reading and study, religious discussion
			 groups, and pastoral counseling.
(5)
Special Religious
			 Diets
.
(a) Inmates whose
			 religion places restrictions on diets should be permitted access to a special
			 religious diet. However, in limited situations where the institution/Department
			 is not able to meet all aspects of a special religious diet request due to
			 security and/or facility limitations, the institution shall make every effort
			 to provide a reasonable accommodation to the diet request. Requests for special
			 religious diets shall be initiated by interested inmates, using the Special
			 Diet Request Form, which is available in all inmate libraries. The form shall
			 be submitted to the Superintendent's designee. To ensure continuity of an
			 inmate's special religious diet upon transfer to another facility, the
			 information shall be entered into the designated IMS screen. An inmate's abuse
			 of an approved special religious diet may result in his or her removal from a
			 special religious diet.
(b) Where
			 religious holidays specify particular dietary requirements
			 (
e.g
., Passover, month of Ramadan), special arrangements
			 should be made so that inmates are able to adhere to their religious
			 beliefs.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 471.00 - Religious Programs And Services › Section 471.09 - Access of Visiting Clergy

Current through Register 1525, July 5, 2024
(1)
General
. Clergy visits shall take place during normal
			 visiting hours. However, under extenuating circumstances, special visits with
			 clergy may be permitted for any reasonable purpose with the authorization of
			 the Superintendent or designee. When special visits are scheduled outside
			 normal circumstances, they shall be scheduled in the IMS Inmate Schedule screen
			 utilizing the activity type of "visit" and a notation of "clergy" in the
			 description field.
(2)
Special Visiting Areas
. Clergy visits shall normally
			 be held in approved visiting areas. However, if these areas do not provide the
			 degree of privacy that the clergy member deems appropriate for the purpose of
			 the visit, the clergy member may request that a special visiting area be
			 provided, subject to the Superintendent's approval. The Superintendent of the
			 institution or designee may identify any area of the institution as a special
			 visiting area for clergy visits.
(3) Visiting clergy may be permitted to meet
			 with more than one inmate at a time where the following procedure is utilized:
(a) Any requests by visiting clergy to meet
			 with more than one inmate at a time shall be referred to an Institution
			 Chaplain.
(b) The Institution
			 Chaplain shall verify, on a case-by-case basis, the status of the inquiring
			 clergy. If the Institution Chaplain verifies that the visiting clergy is in
			 good standing, he or she shall notify the Director of Treatment or the
			 Superintendent's designee.
(c) Upon
			 approval by the Superintendent, visiting clergy may then schedule visits with
			 more than one inmate as allowed, on conditions set forth by the
			 Superintendent.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 471.00 - Religious Programs And Services › Section 471.10 - Community Participation in Inmate Religious Activities

Current through Register 1525, July 5, 2024
(1)
General
. Each
			 institution will actively encourage clergy and other members of community
			 religious organizations to become involved in the inmate religious
			 activities.
(2)
Community Religious Volunteers
. Any member of the
			 community who is interested in acting as a volunteer in the inmate religious
			 program shall initially be directed to the Institution Chaplain. Each person
			 shall also be reviewed for volunteer status pursuant to
			 103 CMR 485.00:
Volunteers and Volunteer Programs
.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 471.00 - Religious Programs And Services › Section 471.12 - Program Assessment and Planning

Current through Register 1525, July 5, 2024
(1)
General
. Each institution shall monitor its religious
			 programs on an on-going basis and conduct periodic assessments.
(2)
Program
			 Monitoring.
The Superintendent or a designee shall develop a
			 monitoring system that provides an on-going review of all religious activities
			 and services and be responsible for maintaining all records related to program
			 monitoring. The monitoring system shall include:
(a) The estimated number of inmates
			 affiliated with each religious group or denomination.
(b) Results of meetings with other
			 institution staff and their suggestions on existing or proposed religious
			 programs and services.
(c)
			 Individual program evaluations.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 471.00 - Religious Programs And Services › Section 471.13 - Pre-release Center Application

Current through Register 1525, July 5, 2024
(1)
General
. Inmates of pre-release centers should use
			 program related activity time to participate in community religious
			 activities.
(2)
Cadre
. Superintendents of pre-release
			 centers who have
cadre
positions shall make special
			 arrangements to meet these inmates' religious needs in accordance with
			 established Department policy and statutory requirements.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 471.00 - Religious Programs And Services › Section 471.14 - Annual Review Date

Current through Register 1525, July 5, 2024
103 CMR 471.00 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 471.00 - Religious Programs And Services › Section 471.15 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of
				103 CMR 471.00 is for any
				reason held to be unconstitutional, contrary to statute, in excess of the
				authority of the Commissioner or otherwise inoperative, such decision will not
				affect the validity of any other article, section, subsection, sentence,
				clause, or phrase of
				103 CMR
				471.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 471.00 - Religious Programs And Services › Section 471.16 - Emergency

Current through Register 1525, July 5, 2024
Whenever, in the opinion of the Commissioner or designee, or
				the superintendent of a state correctional institution, an emergency exists
				which requires suspension of all or part of
				103 CMR 471.00, the
				Commissioner or designee or the superintendent may authorize such suspension,
				provided that any suspension lasting more than 48 hours shall be approved by
				the Commissioner
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 477.00 - Avocation Programs › Section 477.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				103 CMR
				477.00 is to establish Department of Correction policy
				regarding inmate avocations.
				103 CMR
				477.00 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 477.00 - Avocation Programs › Section 477.03 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR
				477.00 cancels all previous department policy
				statements, bulletins, directives, orders, notices, rules or regulations
				regarding inmate avocations to the extent they are inconsistent with
				103 CMR
				477.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 477.00 - Avocation Programs › Section 477.05 - Access to Policy

Current through Register 1525, July 5, 2024
103 CMR 477.05 shall be maintained within the central policy
				file of the department and will be accessible to all department employees and
				inmates. A copy of
				103 CMR
				477.00 shall also be maintained in each
				superintendent's file and inmate library.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 477.00 - Avocation Programs › Section 477.06 - Definitions

Current through Register 1525, July 5, 2024
Avocation
- Any activity authorized by
				the Commissioner or his designee, which allows an inmate to use his leisure
				time and skills for pleasure and/or hobby. This activity shall normally take
				place only after an inmate has completed his regular work assignment.
Avocation Area
- Any area designated
				for avocation purposes. Each avocation and avocation area must be authorized by
				the Commissioner or his designee.
Avocation Materials
- Any equipment,
				goods, or tools furnished by an inmate for use in the operation of that
				inmate's avocation.
Avocation Officer
- The security staff
				person selected by the superintendent or his designee to supervise, monitor,
				and report on the avocation program(s).
Commissioner
- The Commissioner of the
				Department of Correction.
Department
- The Department of
				Correction.
Superintendent
- The chief
				administrative officer of a correctional institution.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 477.00 - Avocation Programs › Section 477.07 - General Policy

Current through Register 1525, July 5, 2024
(1) The
			 Commissioner or his designee may in his discretion provide designated inmates
			 of a correctional institution with the opportunity to work at an approved hobby
			 or craft consistent with security and safety considerations within the
			 institution.
(2) If such an
			 opportunity has been provided to designated inmates of an institution pursuant
			 to 103 CMR 477.07(1), the superintendent of that institution shall develop
			 written guidelines setting forth the management procedure for avocations within
			 the institution. Such guidelines shall conform to the requirements set forth in
			 103 CMR
			 477.00 and shall be subject to the written approval of
			 the Commissioner or his designee. Such written approval shall constitute
			 authorization of the superintendent as the Commissioner's designee.
(3) Such management guidelines shall be
			 developed and utilized for the purpose of interpreting and defining the
			 operational details of
			 103 CMR
			 477.00 and shall not be used to effect a material
			 change in the basic policy of the Department of Correction regarding inmate
			 avocations.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 477.00 - Avocation Programs › Section 477.08 - Institution/Facility Management Guidelines

Current through Register 1525, July 5, 2024
Institution/facility management guidelines shall include but
				not be limited to:
(1) A method of
			 determining inmate eligibility for an avocation program. New inmates should not
			 be eligible until they have completed institution orientation.
(2) A description of the types of avocations
			 allowed by the Commissioner or his designee and areas/times where such
			 activities will take place.
(3) A
			 process whereby an inmate may make application to operate an avocation. All
			 avocation requests must be approved by the Superintendent or his designee in
			 consultation with the avocation officer.
(4) No inmate shall be allowed to work in
			 another inmate's approved avocation.
(5) A method of control of all avocation
			 tools and materials, consistent with the Department Tool Control Policy,
			 103DOC511.
(6) A method of purchase
			 and delivery of all avocation supplies. All deliveries must be supervised by a
			 member of the security staff
(7)
			 All payment of materials purchased for inmate avocations must be made by
			 check.
(8) A method to ensure that
			 all combustible/toxic/caustic materials are secured in locked areas when not in
			 use, and that all use of such materials conforms to applicable municipal,
			 county, state and federal minimum safety standards.
(9) Any area where approved avocation
			 products may be displayed shall be determined by the superintendent and/or his
			 designee.
(10) A description of the
			 process whereby all sales of avocation articles/materials within or without the
			 institution must be approved by the Commissioner or his designee. Where such
			 sales are approved, inmates may request a fair market price for their products,
			 subject to any limitations imposed by the institution on the price chargeable
			 for any one product and/or the maximum income an inmate may earn in one year.
			 However, all sale prices shall be increased by 5% to allow for the
			 Massachusetts sales tax. Inmates shall receive receipts for items
			 sold.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 477.00 - Avocation Programs › Section 477.09 - Sale of an Avocation

Current through Register 1525, July 5, 2024
(1) Sale or
			 transfer of an avocation between inmates of an institution shall not be
			 allowed.
(2) All inmate avocations
			 shall be owned and controlled by the Department of Correction. All avocation
			 materials provided by the inmate at his expense shall remain the property of
			 the inmate. If the inmate no longer wishes or is no longer permitted to operate
			 his avocation, the Commissioner or his designee shall determine if the
			 Department of Correction wishes to purchase all or part of such materials. If
			 the department does not wish to purchase such materials, or the inmate does not
			 wish to sell them, the inmate shall have them picked up or sent out of the
			 institution in which the avocation is being operated. Department property
			 regulations relating to the disposal of contraband shall apply to any materials
			 not picked up or sent out of the institution within a reasonable period of
			 time. Sale of any avocation materials shall be based upon the value of such
			 materials at fair market value.
(3)
			 The avocation officer or staff person designed by the superintendent shall
			 maintain a record of each purchase of avocation materials. A record of each
			 such purchase shall also be kept by the Commissioner or his designee.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 477.00 - Avocation Programs › Section 477.10 - General Provisions

Current through Register 1525, July 5, 2024
(1) Each
			 institution should normally provide basic utilities such as heat, electricity,
			 and running water, within reason. Inmates involved in avocation must supply
			 their own tool and materials. Unless otherwise authorized by the Commissioner
			 or his designee, all avocation tools shall be maintained pursuant to the
			 Department Tool Control Policy, 103 DOC 511.
(2) The Commissioner, his designee or the
			 superintendent of the institution shall have the right, at any time, with or
			 without notice, to terminate any, or all, of the avocations at any, or all,
			 institution(s), for any reason whatsoever.
(3) The Commissioner, his designee or the
			 superintendent of the institution, shall reserve the right to revoke an
			 inmate's privilege to operate an avocation for any reason whatsoever, including
			 but not limited to failure to comply with department regulations, rules and/or
			 institution rules or guidelines. Violation of department of institution rules
			 shall also be grounds for disciplinary action.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 477.00 - Avocation Programs › Section 477.11 - Responsible Staff

Current through Register 1525, July 5, 2024
Each superintendent shall be responsible for supervising the
				operational details of any avocation program within his institution and for
				developing necessary and appropriate management guidelines for the operation of
				that program.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 477.00 - Avocation Programs › Section 477.12 - Review Date

Current through Register 1525, July 5, 2024
103 CMR
				477.00 shall be reviewed annually from the effective
				date by the Commissioner or his designee. The party or parties conducting the
				review shall develop a memorandum to the Commissioner with a copy to the
				central policy file indicating that the review has been completed.
				Recommendations for revisions, additions or deletions shall be
				included.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 477.00 - Avocation Programs › Section 477.13 - Severability Clause

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of
				103 CMR
				477.00 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
				477.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 478.00 - Library Services › Section 478.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				103 CMR
				478.00 is to establish Department policy regarding
				library services. The objective of
				103 CMR
				478.00 is to provide a guide for the planning,
				implementation and evaluation of library services in all state correctional
				institutions.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 478.00 - Library Services › Section 478.04 - Access to Regulation

Current through Register 1525, July 5, 2024
103 CMR
				478.00 shall be maintained within the Central Policy
				File of the Department and will be accessible to all Department employees. A
				copy of
				103 CMR
				478.00 shall also be maintained in each
				Superintendent's Central Policy File and in each inmate
				library.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 478.00 - Library Services › Section 478.05 - Definitions

Current through Register 1525, July 5, 2024
Access
. Use of general and law library
				services on a scheduled basis.
Assistant Deputy Commissioner of
				Reentry
. The senior staff person whose duties include, but are not
				limited to, the management of classification, programs, education, reentry and
				reintegration.
Audio-visual Equipment
. Any equipment
				needed to facilitate the use of non-print library material, such as films,
				filmstrips, slides, recordings, videos, CDs, CD players,
etc
.
Board of Library Commissioners
. The
				state agency responsible for the establishment and development of library media
				centers in state institutions.
Circulation
. The activity of a library
				in lending books and other materials to borrowers and keeping records of the
				loans.
Collection
. The total accumulation of
				all library materials provided by the library for its users, also called
				resources or holdings. It may consist of books, periodicals, pamphlets, records
				or tapes, filmstrips, slides, pictures, games,
etc
.
Commissioner
. The Commissioner of
				Correction.
Inmate Management System (IMS)
. The
				Department of Correction's automated information system that provides
				processing, storage and retrieval of inmate related information needed by
				Department personnel and other authorized users within the criminal justice
				system.
Inter-library Loan
. A cooperative
				arrangement among libraries by which one library may borrow material from
				another.
Library Materials
. The total
				bibliographic holdings or resources of the library consisting of books,
				periodicals, pamphlets, records, tapes, filmstrips, slides, pictures, games,
etc
.
Library Services
. The total services
				rendered by the library to its users, including provision of information,
				reference, bibliographic aid, lending materials, reading guidance,
etc
.
Media
. Printed and audiovisual forms
				of communication and any necessary equipment required to make them
				usable.
Network
. A cooperative organization
				formed to provide services to members.
Original Legal Documents
. Original
				documents to be filed with the Courts in support of criminal litigation
				challenging the inmate's sentence, directly or collaterally, or in support of
				civil litigation challenging the conditions of his or her confinement.
Superintendent
. The Chief
				Administrative Officer of a state correctional institution.
Technical Services
. All activities
				concerned with obtaining, organizing and processing library materials for
				use.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 478.00 - Library Services › Section 478.06 - Staff

Current through Register 1525, July 5, 2024
(1)
Institution
			 Librarian
. A full time staff member holding a Master's Degree in
			 Library Science and a Certification as a Professional Librarian. Institution
			 Librarians shall be selected in accordance with 103 DOC 201:
Selection
			 and Hiring
. Institution Librarians shall be made available to train,
			 coordinate, and supervise services in libraries that do not have a full time
			 Institution Librarian assigned.
(2)
Library Aide
. A staff member with either prior library
			 experience or professional library experience assigned by the Superintendent to
			 coordinate library services under the supervision of the Director of Treatment
			 and the Institution Librarian.
(3)
			 Institution Librarians shall meet regularly to form and maintain a network for
			 the purpose of communication, resource sharing, continuing education and
			 training, and the development of cooperative projects and/or grant proposals.
			 Librarians shall maintain communications and establish liaisons with their
			 counterparts in similar institutions and in all types of libraries outside the
			 institution.
(4) Specifications for
			 library personnel shall be completed pursuant to 103 DOC 205:
Position
			 Classification
to the extent feasible, in consultation with the
			 Consultant for Services to Institutions from the Massachusetts Board of Library
			 Commissioners.
(5) Institutions may
			 use inmates as library clerks, subject to the approval of the Superintendent
			 and the Institution Librarian. Each institution shall develop procedures for
			 the selection of inmate library clerks. This procedure shall include an
			 application process through which each inmate is screened for eligibility as a
			 library clerk. All inmate applicants must demonstrate basic literacy skills.
			 Inmates must complete the approved training course prior to selection as a law
			 library clerk.
(6) The Institution
			 Librarian shall be responsible for training inmates as general and law library
			 clerks. Each institution shall develop procedures to ensure that general and
			 law library clerks are trained to perform routine library duties as circulation
			 and technical services assistants. No inmate will be hired as a law library
			 clerk without passing a qualifying exam. Each institution shall develop
			 procedures for the delivery of the approved training course to train potential
			 law library clerks.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 478.00 - Library Services › Section 478.08 - Facilities and Equipment

Current through Register 1525, July 5, 2024
It is recommended that the correctional library be functional
				in design and inviting in appearance. The types of equipment and machinery will
				vary depending upon the services and programs of the institution and its
				library. All libraries should have typewriters, copying equipment, and
				audio-visual equipment.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 478.00 - Library Services › Section 478.09 - General Library Services

Current through Register 1525, July 5, 2024
(1)
Purpose
. The library is an information center for the
			 institution. Library services support, broaden and strengthen the institution's
			 program. The library provides a variety of services, materials and programs
			 comparable to a public library.
(2)
			 The library should encompass a variety of services, materials, and programs.
			 These should include but not be limited to:
(a) planned and continuous acquisition of
			 materials;
(b) logical organization
			 of materials for convenient use;
(c) circulation of materials to maximize use
			 and satisfy informational, educational and recreational needs of
			 users;
(d) reference and
			 information services;
(e) reader's
			 advisory services;
(f) promotional
			 activities to publicize the library's resources;
(g) audio-visual programs;
(h) motivational programs to attract users,
			 encourage activities and participation in a variety of projects; and
(i) materials that meet the needs of inmates
			 who are visually impaired (
e.g
., large print books).
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 478.00 - Library Services › Section 478.10 - Legal Services

Current through Register 1525, July 5, 2024
(1)
General
. The constitutional right of access to the
			 courts requires that, when requested, inmates receive assistance in preparing
			 and filing legal papers. This assistance may include access to law library
			 facilities, instruction in the use of legal materials and reference assistance.
			 However, such assistance shall not include legal advice or direction of legal
			 research on the part of library personnel.
(2)
Law Collection
.
			 Every Inmate shall have access to legal materials. As suggested by federal and
			 state court rulings and national standards, legal materials should include at a
			 minimum: state and federal constitutions, state statutes, state decisions,
			 procedural rules and decisions and related commentaries, federal case law,
			 court rules, practice treatises, citators, and legal periodicals.
(a) The Institution Librarian shall ensure
			 that the law collection is maintained and updated.
(b) Legal materials shall not be
			 circulated.
(c) The Institution
			 Librarian shall make reasonable efforts to secure materials not in an
			 institution's collection but available through established inter-library loan
			 procedures.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 478.00 - Library Services › Section 478.11 - Operating Procedures

Current through Register 1525, July 5, 2024
(1) Library
			 Services staff with the approval of the Superintendent, shall post a schedule
			 of library hours and activities.
(2) Written procedures regarding daily
			 operating procedures shall be established by the librarian with the approval of
			 the Superintendent.
(3) An
			 inventory of equipment and material shall be conducted annually by the
			 librarian.
(4) Each Superintendent,
			 in cooperation with the librarian, should establish procedures to ensure the
			 security of the library and the library collection.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 478.00 - Library Services › Section 478.12 - Collection Development

Current through Register 1525, July 5, 2024
Library materials should be selected to meet the educational,
				informational, legal, cultural and recreational needs of its users. These
				materials should be relevant to the needs and interests of the population,
				reflect different reading levels, languages, special interest and ethnicity of
				inmates.
To ensure that materials meet these needs, each library should
				have a written statement of policy which defines the principles, purposes and
				criteria to be considered in the selection and maintenance of library
				materials. This statement should apply to gifts and donations as well as to
				purchased items. In addition, inmates may make suggestions for acquisitions to
				the librarian.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 478.00 - Library Services › Section 478.13 - Responsible Staff

Current through Register 1525, July 5, 2024
(1) The Institution
			 Librarians and Directors of Treatment, under the direction of the Assistant
			 Deputy Commissioner of Reentry, are responsible for coordinating all programs
			 and services for libraries within the Department of Correction. The Division of
			 Inmate Training and Education is responsible for monitoring and reviewing
			 103 CMR
			 478.00.
(2) The Superintendent of each institution,
			 in conjunction with the Library Services staff, is responsible for implementing
			 103 CMR
			 478.00 and for developing procedures pursuant to its
			 application.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 478.00 - Library Services › Section 478.14 - Annual Review

Current through Register 1525, July 5, 2024
103 CMR
				478.00 shall be reviewed at least annually by the
				Commissioner or his or her 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 478.00 - Library Services › Section 478.15 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of
				103 CMR
				478.00 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
				478.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 478.00 - Library Services › Section 478.16 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of
				103 CMR
				478.00 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
				478.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 481.00 - Inmate Mail › Section 481.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				103 CMR
				481.00 is to establish rules governing the sending and
				receiving of mail by inmates confined in state correctional institutions. The
				Department of Correction (Department or DOC) recognizes the importance of the
				use of mail by inmates to maintain appropriate contact with the
				community.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 481.00 - Inmate Mail › Section 481.02 - Cancellation

Current through Register 1525, July 5, 2024
103
				CMR 481.00 cancels all previous Department and
				institutional policy statements, bulletins, directives, orders, notices, rules
				or regulations regarding inmate mail or correspondence, which are inconsistent
				with
				103 CMR
				481.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 481.00 - Inmate Mail › Section 481.03 - Applicability

Current through Register 1525, July 5, 2024
103
				CMR 481.00 is applicable to all employees and inmates
				at all state correctional institutions within the Department; however, the
				Superintendent of MASAC may waive the applicability of
				103 CMR
				481.00 in whole or in part.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 481.00 - Inmate Mail › Section 481.04 - Access to Regulation

Current through Register 1525, July 5, 2024
103
				CMR 481.00 shall be maintained within the Central
				Policy File of the Department and shall be accessible to all Department
				employees. A copy of
				103 CMR
				481.00 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 481.00 - Inmate Mail › Section 481.06 - Institutional Procedures

Current through Register 1525, July 5, 2024
The Superintendent at each correctional institution shall
				develop written institutional policies designed to implement
				103 CMR
				481.00. Institutional policies regarding mail shall
				conform to the requirements set forth in
				103 CMR
				481.00 and shall be subject to the approval of the
				Commissioner or a designee.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 481.00 - Inmate Mail › Section 481.07 - Collection and Distribution of Mail

Current through Register 1525, July 5, 2024
(1)
			 Outgoing mail shall be collected directly from a locked mail box by a
			 Department employee, in accordance with an established schedule, at least once
			 each day, except Sundays and postal holidays. Prior to outgoing mail being
			 placed in the locked mailbox, staff shall verify that the inmate depositing
			 mail into the box is in fact the inmate whose name and return address appear on
			 the envelope and that the envelope is sealed.
All outgoing mail shall be stamped on the reverse side of the
				envelope with language indicating that the correspondence is sent from a
				correctional institution. Mail shall be stamped in blue ink only; the stamp
				shall read as follows:
"This correspondence is forwarded from a Massachusetts
				Correctional Institution. The contents may not have been evaluated and the
				Department is not responsible for the substance or content of the enclosed
				material. If you have received unwanted correspondence from this inmate, call
				1-866-684-2846 to stop future correspondence."
At no time shall outgoing mail be collected or otherwise
				handled by an inmate. All outgoing mail, including inter and intra-office mail,
				shall be processed through the institutional mailroom.
(2) Incoming mail shall be distributed to the
			 receiving inmate by a DOC employee or electonically in accordance with an
			 established schedule, at least once every day except Sundays and postal
			 holidays, unless an article of mail is held pursuant to the provisions of
			 103
			 CMR 481.15 and
			 481.16.
			 At no time shall incoming mail be distributed or otherwise handled by an inmate
			 nor shall mail be left by the distributing employee in a commonly accessible
			 place. Nothing in
			 103 CMR
			 481.00 shall limit the right of a Superintendent to
			 withhold delivery of Publications from an inmate serving disciplinary
			 detention.
(3) Outgoing mail shall
			 be collected from the inmates and delivered to the post office, and incoming
			 mail shall be picked up from the post office and processed in accordance with
			 103 CMR
			 481.07(2), except when an
			 article of mail is held pursuant to the provisions of
			 103 CMR
			 481.16 and
			 481.17.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 481.00 - Inmate Mail › Section 481.08 - Amount of Mail

Current through Register 1525, July 5, 2024
Except as provided in
				103 CMR
				481.09, there shall be no limitation placed
				on the number of persons with whom an inmate may correspond, nor shall there be
				any limitation on the separate mailings an inmate may send or
				receive.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 481.00 - Inmate Mail › Section 481.09 - Free Postage for Indigent Inmates

Current through Register 1525, July 5, 2024
Indigent inmates shall be permitted to mail three letters first
				class weighing one ounce or less each week at institution expense. In addition,
				an indigent inmate shall be permitted, where necessary, to send an unlimited
				number of letters of any weight to any court official at institution expense. A
				charge shall not be placed against future deposits to an inmate's account for
				the cost of postage and materials supplied in accordance with
				103 CMR
				481.10.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 481.00 - Inmate Mail › Section 481.10 - Privileged Mail

Current through Register 1525, July 5, 2024
(1) Mail sent by the
			 following persons shall be considered privileged mail, and inmates shall be
			 permitted to send and receive mail from the following persons in accordance
			 with the procedures set forth in
			 103 CMR
			 481.11:
(a)
			 Any officer of a court of the United States, of the Commonwealth of
			 Massachusetts, or of any court of any state of the United States
			 (
e.g
., judge, government attorney, court clerk, parole board
			 members, probation or parole officers);
(b) The President or Vice President of the
			 United States or the Governor of the Commonwealth of Massachusetts;
(c) Any member of the Congress of the United
			 States or any member (
e.g.,
legislator) of the General Court
			 of the Commonwealth of Massachusetts;
(d) The Attorney General of the United States
			 or the Attorney General of the Commonwealth of Massachusetts;
(e) The Director or any agent of the Federal
			 Bureau of Investigation; and
(f)
			 The Superintendent of the state correctional institution in which the inmate is
			 confined, an Assistant Deputy Commissioner or Deputy Commissioner of
			 Correction, or the Commissioner of the Massachusetts Department of
			 Correction.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 481.00 - Inmate Mail › Section 481.11 - Identification and Processing of Privileged Mail

Current through Register 1525, July 5, 2024
(1) Outgoing privileged mail shall not be
			 opened for inspection or any other purpose or otherwise impeded in its
			 transmission, if it meets the following requirements:
(a) it is addressed to a person listed in
			 103 CMR
			 481.10(1);
(b) if the inmate acknowledges that they are
			 the sender of the correspondence or package, the inmate will be asked to open
			 the correspondence or package for inspection;
(c) it has been marked by the institution to
			 indicate to the addressee that it has not been inspected or opened;
			 and
(d) it successfully passes a
			 fluoroscope examination for contraband material if mailed from a medium or
			 maximum security level facility, or, if mailed from a minimum or prerelease
			 security level facility, it successfully passes a fluoroscope examination for
			 contraband material when requested by the Superintendent and approved by the
			 Commissioner.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 481.00 - Inmate Mail › Section 481.12 - Inspection of Non-privileged Mail

Current through Register 1525, July 5, 2024
(1)
Processing of Non-privileged Mail
.
(a) All outgoing, non-privileged mail being
			 sent from a maximum or medium security level facility shall be required to
			 successfully pass a fluoroscope examination for contraband materials. All
			 outgoing non-privileged mail being sent from a minimum or pre-release security
			 level facility may be required to successfully pass a fluoroscope examination
			 for contraband materials when requested by the Superintendent and approved by
			 the Commissioner. The opening and inspection of outgoing non-privileged mail at
			 all security level facilities shall be at the discretion of the Superintendent
			 to prevent the transmission of materials and/or information which represents a
			 threat to security, order, rehabilitation or public safety, or appears to
			 contain material not addressed to the addressee, but rather, material intended
			 for other parties.
(b) All incoming
			 non-privileged mail may be required to successfully pass a fluoroscope
			 examination for contraband materials, and shall be opened and inspected before
			 delivery to the inmate. The purpose of inspection will be to receive and
			 receipt any funds enclosed for the inmate; to verify and record the receipt of
			 permitted personal property; and/or to prevent the transmission of contraband
			 to the inmate. The processing of funds, permitted personal property and
			 contraband found in mail shall be in accordance with
			 103 CMR
			 403.00:
Inmate Property
.
(c) Notice shall be sent to the sender and
			 the addressee, for both outgoing and incoming non-privileged mail, whenever
			 contraband is confiscated, provided that the address is known. Such notice
			 shall satisfy the requirements of
			 103
			 CMR 481.15 and
			 481.16.
			 Any money order, cash, or check(s), confiscated as contraband shall be
			 processed pursuant to
			 103 CMR
			 403.17(2).
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 481.00 - Inmate Mail › Section 481.13 - Reading/Censoring/Disapproval of Incoming, Non-privileged Mail/Publications/ExcessPages

Current through Register 1525, July 5, 2024
(1)
Incoming Mail
.
			 It is the policy of the Department not to read, censor, or disapprove incoming
			 mail, except where necessary to protect legitimate governmental
			 interests.
(2) The Superintendent
			 may authorize the reading, censoring or disapproval of incoming non-privileged
			 mail only to prevent interference with institutional goals of security, order,
			 discipline, or if the non-privileged mail might facilitate, encourage, or
			 instruct in, criminal activity. Disapproval of incoming, non-privileged mail
			 shall not be based upon an employee's personal views about the mail. The Deputy
			 Superintendent or designee may disapprove receipt by an inmate of
			 non-privileged mail, the contents of which fall as a whole or in significant
			 part into any one of the following categories:
(a) The non-privileged mail contains
			 depictions or descriptions of procedures for the construction or use of
			 weapons, ammunition, bombs or incendiary devices;
(b) The non-privileged mail contains
			 depictions, descriptions or encouragement of methods of escape from
			 correctional facilities, or contains blueprints, drawings or similar
			 descriptions of any correctional institution within the Commonwealth;
(c) The non-privileged mail contains
			 depictions or descriptions of procedures for the brewing of alcoholic
			 beverages, or the manufacture of drugs;
(d) The non-privileged mail is written, in
			 whole or in part, in code;
(e) The
			 non-privileged mail contains depictions, descriptions or encouragement of
			 activities that may lead to the use of physical violence or group
			 disruption;
(f) The non-privileged
			 mail contains encouragements or instructions in the commission of criminal
			 activity;
(g) The non-privileged
			 mail contains sexually explicit pictorial material or material which features
			 nudity which, by its nature or content, poses a threat to the security, good
			 order, or discipline of the institution; and
(h) The non-privileged mail facilitates the
			 introduction of contraband drugs and other contraband.
(i) The non-privileged mail, including any
			 attachments or enclosures, contains Excess Pages.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 481.00 - Inmate Mail › Section 481.14 - Reading/Disapproval of Outgoing Non-privileged Mail/Publications/Excess Pages

Current through Register 1525, July 5, 2024
It is the policy of the Massachusetts Department of Correction
				not to read or censor outgoing mail, except where necessary to protect
				legitimate governmental interests.
(1)
			 The Superintendent may authorize the reading of outgoing non-privileged mail
			 when in the Superintendent's opinion such action is necessary to prevent the
			 transmission of materials and/or information which represents a threat to
			 security, order, rehabilitation or to the public safety.
(2) For outgoing mail, such authorization may
			 be granted when the Superintendent has received specific information that mail
			 contains information which may jeopardize security, order, rehabilitation or
			 the public safety. Ordinarily, such specific information shall indicate that
			 the contents of the outgoing non-privileged mail fall as a whole or in
			 significant part into any one of the following categories:
(a) The non-privileged mail contains a
			 transmittal of plans for escape or to introduce contraband into the
			 prison;
(b) The non-privileged mail
			 contains plans for criminal activity or any activity which violates any
			 Departmental or institutional rule, regulation, order or policy;
(c) The non-privileged mail is written, in
			 whole or in part, in code;
(d) The
			 non-privileged mail contains threatening or harassing language or material,
			 including sexually explicit material, intended for unwilling
			 recipients;
(e) The non-privileged
			 mail contains or appears to contain unsanitary or hazardous material
			 (
e.g
. feces, insects, dirt, debris);
(f) The non-privileged mail contains an
			 extortion demand(s);
(g) The
			 non-privileged mail contains cash, drugs, jewelry or other contraband for
			 transmittal outside the prison;
(h)
			 The non-privileged mail is addressed to a recipient who has previously
			 requested not to receive correspondence from the inmate pursuant to
			 103 CMR
			 481.19;
(i) The non-privileged mail has an improper
			 or no return address; or
(j) The
			 non-privileged mail contains material not intended for the addressee, but
			 rather, material intended for other parties.
Where outgoing mail is read pursuant to 103 CMR 481.14, and
				prohibited information is found, the mail or relevant portion thereof may be
				confiscated or copied in the furtherance of an investigation. Notice of a
				confiscation shall be given to the inmate in accordance with
				103 CMR
				481.16.