Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 431.00 - Observation Of Behavior Reports › Section 431.12 - Sanctions

Current through Register 1525, July 5, 2024
The range of sanctions following a finding by the B.R.C. that
				it is more likely than not that the incident occurred as reported, includes,
				but is not limited to those set forth in 103 CMR 431.12. In selecting and
				imposing an appropriate sanction or sanctions, the B.R.C. should consider the
				following guidelines, which permit the B.R.C. to tailor the sanction to the
				offense, and to take into account any mitigating or aggravating circumstances
				which the B.R.C. may note in its decision:
(1)
Greatest
			 Severity.
Category I (Mitigating
				Circumstances)
-Minimum Privilege Unit for up to ten days.
-Loss of related privileges for up to 60 days.
-Restitution.
-Recommendation for forfeiture of good time.
-Loss of job.
Category II
-Minimum Privilege Unit for up to 20 days.
-Loss of related privileges for up to 70 days.
-Restitution.
-Recommendation for forfeiture of good time.
-Loss of job.
Category III (Aggravating
				Circumstances)
-Minimum Privilege Unit for up to 30 days.
-Loss of related privileges for up to 80 days.
-Restitution.
-Recommendation for forfeiture of good time.
-Loss of job.
(2)
High Category
Category I (Mitigating
				Circumstances)
-Room restriction up to seven days, except for visits and
				treatment.
-Loss of related privileges for up to 30 days.
-Suspension of job for up to 30 days.
-Restitution.
Category II
-Room restriction for up to ten days, except for
				treatment.
-Loss of related privileges for up to 40 days.
-Loss of job.
-Restitution.
Category III (Aggravating
				Circumstances)
-Minimum Privilege Unit for up to five days.
-Loss of related privileges for up to 50 days.
-Restitution.
-Recommendation for forfeiture of good time.
(3)
Moderate
			 Category
Category I (Mitigating
				Circumstances)
-Loss of related privileges for up to ten days.
-Restitution.
-Community services for up to ten hours.
Category II
-Unit confinement for up to five days, except treatment.
-Restitution.
-Loss of related privileges for up to 15 days.
Category III Aggravating
				Circumstances)
-Room confinement for up to five days, except treatment, visits
				and gym.
-Community service for up to 25 hours.
-Restitution.
-Loss of related privileges.
(4)
Low Category
Category I (Mitigating
				Circumstances)
-Unwritten warning. -Restitution.
Category II
-Written warning.
-Restitution.
-Loss of related privileges for up to 24 hours.
Category III (Aggravating
				Circumstances)
-Loss of related privileges for up to five days.
-Restitution.
-Community service for up to five hours.
(5) Any case in which the sanction includes a
			 recommended good time forfeiture shall be submitted to the Commissioner for his
			 determination as to what part, if any, of a resident's good time credits shall
			 be forfeited pursuant thereto. The Commissioner may order a forfeiture of all
			 good time credits by a resident. M.G.L. c. 127, § 129. The Commissioner
			 may accept or reduce the B.RC.'s recommended forfeiture of good conduct
			 credits.
(6) Implementation of a
			 sanction of restitution will follow the procedures set forth in
			 103 CMR
			 405.17.
(7) The B.RC. may suspend sanctions imposed
			 for severe and high offenses for a period to time not to exceed six months and
			 for moderate and low offenses for a period of time not to exceed three
			 months.
(8) In addition to imposing
			 a sanction, the B.RC. may refer a resident serving a criminal sentence to the
			 Transfer Board as provided by
			 103 CMR
			 460.08(2). The resident and
			 the Superintendent shall receive written notice of the referral.
(9) In any case, regardless of outcome, the
			 B.R.C. may refer the resident for therapeutic outcome, if
			 appropriate.
(10) At the conclusion
			 of the hearings process, the B.R.C. shall forward the hearings records to the
			 Deputy Superintendent of Operations to review to assure conformity with
			 103 CMR 431.00.