Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 481.00 - Inmate Mail › Section 481.05 - Definitions

Current through Register 1525, July 5, 2024
Attorney Verification System (AVS)
.
				System consisting of numerical codes and/or individualized stickers, which is
				utilized to verify legitimate privileged mail.
Commissioner
. The chief executive
				officer of the Department of Correction.
Court Official
. A judge, court or an
				employee of a court of the United States or of the Commonwealth of
				Massachusetts, or an attorney employed by a state or federal governmental
				agency.
Deputy Superintendent
. A deputy
				administrative officer of a state correctional institution.
Excess Pages
. Excess pages include any
				portion extracted, photocopied, or clipped from a nonprivileged publication,
				provided, however, that an inmate may receive a maximum of five pages per day,
				except Sundays and postal holidays, of a portion extracted, photocopied, or
				clipped from such items as an attachment to non-privileged personal mail.
				Nothing in
Excess Pages
shall be construed to limit
				the number of pages attached to, or enclosed with, privileged mail.
Indigent Inmate
. Upon request for
				waiver of fees or cost, an inmate may be declared indigent if:
(a) At the time of the request, the inmate has, in all accounts
				to which the inmate has access, a total amount less than or equal to $10.00
				plus the cost or fees sought to be waived; and
(b) At no time for the 60 days immediately preceding said
				request, have the inmate's accounts contained more than $10.00 plus the cost or
				fees sought to be waived. (
e.g
. request to waiver $5.00 on
				July 1, 2015; indigent if, at no time since May 1, 2015, total in accounts has
				been more than $15.00).
In addition to 103 CMR 481.05:
Indigent
				Inmate
(a) or (b), the Superintendent may in the Superintendent's
				discretion, designate an inmate as indigent if the inmate has less than $2.00
				in their account at the time of the request, or in other circumstances as the
				Superintendent deems appropriate.
Inmate
. For the purposes of
				103 CMR
				481.00 only, an individual, whether in pretrial,
				unsentenced, or sentenced status, who is confined in a correctional
				institution, including those individuals admitted for evaluation or commitment
				to the Bridgewater State Hospital, and at the Massachusetts Treatment
				Center.
Mail
. The term "mail" in this policy
				refers to correspondence, packages, or other physical mailings sent
via
the United States Postal System, or other authorized
				carrier.
Mail Officer
. The employee at a
				correctional institution whose duties include the processing of mail.
Nudity
. A pictorial depiction where
				genitalia, buttocks or breasts of individuals identifying as female are
				exposed. Publications containing nudity illustrative of medical, educational,
				or anthropological content may be excluded from this definition.
Privileged Mail Logbook
. A logbook
				utilized to document the inmate's receipt of privileged mail.
Publication
. Any non-privileged book,
				booklet, pamphlet, magazine, periodical, newsletter, newspaper, or
				self-published document, published by any individual, organization, company, or
				corporation, or governmental entity, which is generally available to the public
				through any means or media in printed or electronic form.
Sexually Explicit
. A pictorial
				depiction of actual or simulated sexual acts, including sexual intercourse,
				anal or oral sex, or masturbation or material which promotes itself based upon
				such depictions on a routine or regular basis or in individual one-time
				issues.
Superintendent
. The chief
				administrative officer of a state correctional institution.