reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 901.00 - County Correctional Facilities - Application Of Standards › Section 901.05 - Waiver in the Event of Overcrowding Emergency

Current through Register 1525, July 5, 2024
Any Sheriff of any existing, new, or proposed county
				correctional facility in which increases in inmate population may prevent
				compliance with one or more sections of
				103 CMR 900.00 through
				979.00 may apply in writing
				to the Commissioner for a waiver of such regulations.
(1) The application for such a waiver shall
			 conform with the requirements set forth in
			 103 CMR
			 901.04(2).
(2) The granting or denial of such a waiver
			 shall be governed by the procedures set forth in
			 103 CMR
			 901.04(3). The duration of
			 such a waiver shall be at the discretion of the Commissioner.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 901.00 - County Correctional Facilities - Application Of Standards › Section 901.06 - Emergency Suspension of Standards

Current through Register 1525, July 5, 2024
The Sheriff or facility administrator shall have the power to
				suspend any of
				103 CMR 900.00 through
				979.00 in the event of an
				emergency for the duration of said emergency; provided, that:
(1) Only such sections as are directly
			 affected by the emergency may be suspended;
(2) The suspension shall continue no longer
			 than is required by the emergency;
(3) The Sheriff or facility administrator
			 shall immediately notify the Commissioner of the suspension of any regulations;
			 and,
(4) The Sheriff or facility
			 administrator shall within a reasonable period of time send to the
			 Commissioner, or designee, written notification of the suspension of any
			 regulations setting forth the reasons for the suspension. In no event shall
			 such a suspension continue more than five days without a review by the
			 Commissioner, who shall specify a time limitation.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 903.00 - County Correctional Facilities - Administration Of Standards › Section 903.01 - Duties of Commissioner

Current through Register 1525, July 5, 2024
The Commissioner shall:
(1) Provide consultation services for the
			 design and construction of county correctional facilities, studies and surveys
			 of programs and administration, and any other technical assistance deemed
			 proper and necessary;
(2) Assist in
			 developing and administering programs of grants-in-aid or subsidies for any
			 county correctional facility;
(3)
			 Visit and inspect each county correctional facility at least once each six
			 months and as often as deemed necessary;
(4) Advise appropriate agencies and officials
			 of any deficiencies in any county correctional facility, and to make
			 recommendations for the improvement of such facilities;
(5) Submit written reports of such
			 inspections to appropriate agencies and officials;
(6) Review, comment upon, and approve or
			 disapprove plans for the construction and major modification or renovation of
			 county correctional facilities;
(7)
			 Develop, revise, or alter in cooperation with the Sheriffs, standards for the
			 construction, maintenance, and operation of county correctional
			 facilities;
(8) Ensure compliance
			 with
			 103 CMR 900.00 through
			 979.00; and,
(9) Perform such other duties as may be
			 necessary to carry out his statutory responsibilities and the policies of the
			 Department of Correction.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 903.00 - County Correctional Facilities - Administration Of Standards › Section 903.02 - Delegation of Powers

Current through Register 1525, July 5, 2024
The Commissioner may employ such personnel as deemed necessary
				to carry out the powers, functions and duties as set forth in
				103 CMR 900.00 through
				979.00, and may delegate any
				of such powers, functions and duties.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 903.00 - County Correctional Facilities - Administration Of Standards › Section 903.03 - Standards Administrator

Current through Register 1525, July 5, 2024
The Commissioner may designate a person or persons within the
				Department to act as county correctional standards administrator to carry out
				the duties and responsibilities of the Commissioner pursuant to
				103 CMR 900.00 through
				979.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 903.00 - County Correctional Facilities - Administration Of Standards › Section 903.04 - Standards Auditor

Current through Register 1525, July 5, 2024
The Commissioner may designate a person or persons within the
				Department of Correction to act as county correctional standards auditor, who
				shall be admitted to visit and inspect any county correctional facility as
				required for the purposes of
				103 CMR 900.00 through
				979.00. Additionally, an
				employee(s) of a Sheriffs Office(s) may act as a county correctional standards
				auditor with the approval of the Commissioner.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 903.00 - County Correctional Facilities - Administration Of Standards › Section 903.05 - Conduct of Standards Auditors

Current through Register 1525, July 5, 2024
(1) In
			 conducting standards audits of county correctional facilities, standards
			 auditors shall:
(a) evaluate each facility's
			 policies, procedures, and practice in accordance with
			 103 CMR 900.00 through
			 979.00. Each evaluated
			 regulation shall be determined into one of three categories: compliance,
			 non-compliance, or valid waiver obtained; and
(b) clearly apply with equity and reliability
			 the specific language of each standard in context and subject matter.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 904.00 - County Correctional Facilities - Enforcement Procedures › Section 904.01 - Notice of Non-compliance

Current through Register 1525, July 5, 2024
(1) If, in the
			 opinion of the Commissioner, any county correctional facility does not comply
			 with
			 103 CMR 900.00 through
			 979.00, the Commissioner
			 shall give notice in writing of the alleged non-compliance to the
			 Sheriff.
(2) The notice of
			 non-compliance shall be delivered by mailing, postage prepaid, to the
			 Sheriff.
(3) The notice of
			 non-compliance shall specify the section, or sections, of
			 103 CMR 900.00 through
			 979.00 with which the county
			 correctional facility has allegedly failed to comply.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 904.00 - County Correctional Facilities - Enforcement Procedures › Section 904.02 - Response to Notice of Non-compliance

Current through Register 1525, July 5, 2024
Within 60 days of receipt of the notice of non-compliance, the
				Sheriff/facility administrator shall file with the Commissioner, a response
				admitting or denying each allegation of non-compliance contained therein. For
				each allegation of non-compliance denied, the response shall set forth an
				explanation of how the county correctional facility in question meets the
				relevant requirements of
				103 CMR 900.00 through
				979.00. For each allegation
				of non-compliance admitted, the response shall set forth a plan to remedy such
				non-compliance within a reasonable time.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 904.00 - County Correctional Facilities - Enforcement Procedures › Section 904.03 - Request for Hearing

Current through Register 1525, July 5, 2024
(1) The
			 Sheriff/facility administrator served with a notice of non-compliance in
			 accordance with
			 103 CMR
			 904.01 shall have a right to a hearing before
			 the Commissioner or his designee regarding the contents of such notice. The
			 request for a hearing shall be filed within 30 days after receipt of the notice
			 of non-compliance, and may be included in the response to such notice required
			 by
			 103 CMR
			 904.02.
(2) The Commissioner may schedule a hearing
			 regarding a notice of non-compliance at which time the Sheriff/facility
			 administrator may present evidence regarding the contents of the notice of
			 non-compliance. The Commissioner may include a notice of scheduling of a
			 hearing in the notice of non-compliance, and shall serve a notice of such
			 hearing to the Sheriff either within ten working days of service of the notice
			 of non-compliance, or within ten working days following receipt of the response
			 required by
			 103 CMR
			 904.02.
(3) The hearing shall be scheduled on a date
			 not more than 30 days following a request thereof or notice thereof in
			 accordance with
			 103 CMR
			 904.01 and
			 904.02.
(4) Hearings may be continued by stipulation
			 or for good cause, in the Commissioner's discretion.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 904.00 - County Correctional Facilities - Enforcement Procedures › Section 904.04 - Compliance Hearing - Order of Proceedings

Current through Register 1525, July 5, 2024
(1) The compliance hearing shall be conducted
			 by a hearing officer designated by the Commissioner. The hearing officer shall
			 govern all aspects of the hearing.
(2) The Sheriff/facility administrator shall
			 first make a presentation regarding each item contained in the notice of
			 non-compliance that is the predicate for the hearing. Such presentation shall
			 include, but shall not be limited to, evidence of:
(a) compliance with
			 103 CMR 900.00 through
			 979.00;
(b) circumstances giving rise to any instance
			 of non-compliance with
			 103 CMR 900.00 through
			 979.00;
(c) explanation of any failure or inability
			 to comply with
			 103 CMR 900.00 through
			 979.00; and,
(d) explanation of plans to remedy any
			 instances of non-compliance.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 904.00 - County Correctional Facilities - Enforcement Procedures › Section 904.05 - Compliance Hearing - Evidence

Current through Register 1525, July 5, 2024
(1) The
			 hearing officer shall not be bound by the rules of evidence observed by courts.
			 The hearing officer may admit and give probative effect only to evidence on
			 which reasonable persons are accustomed to rely in the conduct of serious
			 affairs.
(2) The hearing officer
			 may take administrative notice of matters which could be judicially noticed by
			 courts, and of technical or general facts within the specialized knowledge of
			 the Department of Correction.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 904.00 - County Correctional Facilities - Enforcement Procedures › Section 904.06 - Compliance Hearing - Conduct

Current through Register 1525, July 5, 2024
All parties, counsel, witnesses and other persons present at a
				hearing shall conduct themselves in a 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 where such standards are not observed by any person.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 904.00 - County Correctional Facilities - Enforcement Procedures › Section 904.07 - Compliance Hearing - Transcript and Record

Current through Register 1525, July 5, 2024
Testimony offered at a compliance hearing shall be transcribed
				by tape recorder or stenographer. The record shall consist of the transcript,
				notice of non-compliance, response, stipulations, exhibits in evidence, and any
				other docketed documents.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 904.00 - County Correctional Facilities - Enforcement Procedures › Section 904.08 - Compliance Hearing - Oral Argument, Brief, Proposed Findings of Fact

Current through Register 1525, July 5, 2024
(1) The hearing officer may in his discretion
			 allow a reasonable time to the parties for oral argument.
(2) Briefs or proposed findings of fact may
			 be filed by parties or by an interested person before or during the course of a
			 hearing, or within such time thereafter as the hearing officer may
			 designate.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 904.00 - County Correctional Facilities - Enforcement Procedures › Section 904.09 - Compliance Hearing - Finding and Report

Current through Register 1525, July 5, 2024
Following the close of the compliance hearing, the hearing
				officer shall within 30 days issue a finding and report in writing, which shall
				determine, as to each instance of alleged non-compliance in controversy:
(1) whether the county correctional facility
			 is in compliance with
			 103 CMR 900.00 through
			 979.00;
(2) if non-compliance is found, whether the
			 plan of remedy, if any, offered by the Sheriff/facility administrator is
			 adequate to secure compliance within a reasonable time;
(3) what other steps, if any, need to be
			 taken to secure compliance; and,
(4) what period of time shall reasonably be
			 allowed for remedying any instance of non-compliance.
The finding and report of the hearing officer shall contain all
				findings of fact and conclusions of law necessary to support its determinations
				and shall, upon completion, be delivered to the Commissioner.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 904.00 - County Correctional Facilities - Enforcement Procedures › Section 904.10 - Compliance Order

Current through Register 1525, July 5, 2024
(1) The
			 Commissioner shall make the final decision in any compliance
			 proceeding.
(2) In cases where a
			 compliance hearing has not been held, the Commissioner may, after review of the
			 notice of non-compliance, the response thereto, and all other relevant
			 materials, issue a written compliance order. The compliance order shall contain
			 determinations of:
(a) instances of
			 non-compliance;
(b) what steps need
			 to be taken to secure compliance; and,
(c) what period of time shall be allowed for
			 remedying all instances of non-compliance. The compliance order shall also
			 contain all findings of fact and conclusions of law necessary to support its
			 determinations. A copy of the compliance order shall be served upon the
			 Sheriff/facility administrator, and if applicable, each other party to the
			 proceedings and/or each attorney of record for a party.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 904.00 - County Correctional Facilities - Enforcement Procedures › Section 904.11 - Request for Extension of Time

Current through Register 1525, July 5, 2024
The Sheriff/facility administrator of a county correctional
				facility which is the subject of a compliance order may apply in writing to the
				Commissioner for an extension of the time specified in the compliance order for
				remedying all instances of non-compliance, provided, that the application for
				extension is filed prior to the expiration of the time period specified in the
				compliance order or any previous extension thereof. The Commissioner may in his
				discretion grant such extensions of time for good cause
				shown.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 904.00 - County Correctional Facilities - Enforcement Procedures › Section 904.12 - Judicial Enforcement

Current through Register 1525, July 5, 2024
If the time for remedying all instances of non-compliance
				specified in a compliance order, including all proper extensions thereof, has
				expired, and if in the opinion of the Commissioner the facility has not been
				brought into compliance with
				103 CMR 900.00 through
				979.00, the Commissioner
				may, with the approval of the Attorney General, petition the Superior Court in
				equity in the county in which such facility is located for an order to close
				the facility or for other appropriate relief. If the Commissioner does decide
				to petition the Court, following the approval of the Attorney General, he/she
				shall notify the Sheriff/facility administrator five days prior to said
				petitioning.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 907.00 - County Correctional Facilities - Planning Procedure For New Construction And Renovation › Section 907.01 - Letter of Intent

Current through Register 1525, July 5, 2024
Whenever the Sheriff/Parent Agency of any county has, by
				resolution or other formal action, indicated an intent to build, remodel or
				repair any county correctional facility, and the estimated aggregate cost of
				such work totals $200,000 or more, a letter of intent shall be filed with the
				Commissioner within 30 days. The letter of intent shall specify the county
				correctional facility involved, the intended building, remodeling or repair, a
				copy of the architect's plans or drawings, and the estimated cost
				thereof.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 907.00 - County Correctional Facilities - Planning Procedure For New Construction And Renovation › Section 907.02 - Program Statement

Current through Register 1525, July 5, 2024
(1)
New
			 Facilities
. As soon as practicable after the filing of the letter
			 of intent, the Sheriff/facility administrator and the architect shall develop a
			 facility program statement as part of the preliminary planning phase for
			 construction of a new facility. The program statement shall include, but not be
			 limited to, a description of the following:
(a) type of facility needed;
(b) maximum rated capacity of facility based
			 on project needs;
(c) types of
			 inmates to be housed;
(d) inmate
			 movement within the facility and entry and exit from security areas;
(e) description of living units;
(f) food preparation and serving;
(g) intake and booking area;
(h) visiting attorney interview
			 area;
(i) medical and psychological
			 examination area;
(j) activities
			 area for exercise and rehabilitation programs;
(k) cleaning and laundering area.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 907.00 - County Correctional Facilities - Planning Procedure For New Construction And Renovation › Section 907.03 - Submission of Plans and Specifications

Current through Register 1525, July 5, 2024
After the initial planning phase, each subsequent set of plans
				and specifications, including the final working plans and specifications, shall
				be submitted in duplicate to the Commissioner.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 907.00 - County Correctional Facilities - Planning Procedure For New Construction And Renovation › Section 907.04 - Final Review and Approval

Current through Register 1525, July 5, 2024
The Commissioner shall review, comment upon, and approve or
				disapprove all plans for the renovation, remodeling or repair of existing
				facilities where it is anticipated that such work will cost $200,000 or more,
				and for the construction of new facilities.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 907.00 - County Correctional Facilities - Planning Procedure For New Construction And Renovation › Section 907.05 - Technical Assistance

Current through Register 1525, July 5, 2024
The Commissioner shall provide consultation services for the
				design and construction of facilities, studies and surveys of program and
				administration, and other technical assistance throughout the planning and
				construction or renovation of county correctional facilities.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 907.00 - County Correctional Facilities - Planning Procedure For New Construction And Renovation › Section 907.06 - Grants-in-aid, Subsidies

Current through Register 1525, July 5, 2024
The Commissioner shall develop and administer, in cooperation
				with the County Commissioners and Sheriff/facility administrators, programs of
				grants-in-aid or subsidies for constriction or renovation of county
				correctional facilities, whenever the Commissioner deems it
				feasible.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 910.00 - County Correctional Facilities - Administration And Management › Section 910.01 - Mission Statement: Philosophy and Goals

Current through Register 1525, July 5, 2024
The Sheriff/facility administrator shall develop a written
				document delineating the mission of the county correctional facility. This
				document shall include the philosophy and goals of the facility and shall be
				reviewed annually and updated as necessary. This document shall be made
				available to staff.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 910.00 - County Correctional Facilities - Administration And Management › Section 910.02 - Goals and Objectives

Current through Register 1525, July 5, 2024
The Sheriff/facility administrator shall develop written policy
				and procedure that formulate goals and measurable objectives. Such goals and
				measurable objectives shall be reviewed annually by the Sheriff/facility
				administrator.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 910.00 - County Correctional Facilities - Administration And Management › Section 910.03 - Organizational Structure

Current through Register 1525, July 5, 2024
The Sheriff/facility administrator shall develop a written
				description and organizational chart that reflects the current structure of
				authority, responsibility, and accountability within the county correctional
				facility. Such written descriptions and organizational charts shall be reviewed
				at least annually and updated as needed by the Sheriff/Facility
				Administrator.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 910.00 - County Correctional Facilities - Administration And Management › Section 910.04 - Policy and Procedures Manual

Current through Register 1525, July 5, 2024
(1)
			 Policies, procedures and plans for operating and maintaining the county
			 correctional facility shall be specified in a manual.
(2) The policies, procedures, and plans for
			 operating and maintaining the facility shall be accessible and available to all
			 employees and a system developed for policy dissemination to staff.
(3) The manual shall be reviewed at least
			 annually and updated as needed.
(4)
			 The manual shall include, but not be limited to, written policies and
			 procedures in the general topic areas of:
(a)
			 management and administration;
(b)
			 business and fiscal management;
(c)
			 personnel, labor relations and training;
(d) security management;
(e) safety and emergency
			 management;
(f) facility
			 maintenance, sanitation, and hygiene;
(g) facilities planning and capital
			 management;
(h) inmate programs,
			 services and classification;
(i)
			 inmate rights;
(j) rules and
			 discipline;
(k) medical and health
			 care;
(l) food services.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 910.00 - County Correctional Facilities - Administration And Management › Section 910.05 - Quarterly Reports to Parent Agency

Current through Register 1525, July 5, 2024
When the county correctional facility is physically separate
				from the parent agency, the facility administrator shall submit quarterly
				reports to the parent agency which include, but are not limited to: information
				on major developments, population data, staff and inmate morale, major
				problems, and plans for resolving them.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 910.00 - County Correctional Facilities - Administration And Management › Section 910.06 - Requests for Information and Media Access

Current through Register 1525, July 5, 2024
(1)
			 Written policy and procedure shall provide that requests from federal, state,
			 and local legislative and executive bodies for information concerning programs
			 and specific cases are responded to promptly and fully by facility staff or the
			 parent agency in accordance with policy and procedure and provisions relevant
			 to rights of privacy.
(2) Written
			 policy and procedure shall grant representatives of the media access to the
			 facility for purposes of reporting items of public interest, consistent with
			 the preservation of inmate privacy and the maintenance of order and security in
			 the facility. The procedures are to include, but not be limited to, the
			 following:
(a) a media representative shall
			 obtain a written and signed waiver of privacy rights from each inmate whom he
			 intends to film, tape, interview or otherwise record. The waiver must be given
			 voluntarily and competently and on a form which clearly states that the inmate
			 has the right to refuse to be filmed, recorded, or interviewed. The signed
			 waiver form shall be submitted to the facility administrator for review and
			 maintained in the inmate case record.
(b) films, photographs and video/audio
			 recordings to be publicly shown or aired shall be edited to delete any
			 identifiable representations of inmates who have not signed privacy waiver
			 forms.
(c) media representatives
			 shall be informed that the use of a film or tape without the consent of
			 identifiable inmates may lead to liability in tort and/or forfeiture of the
			 privilege to enter the facility, and may constitute a violation of the Criminal
			 Offender Record Information statute, M.G.L. c. 6, §§ 167 through
			 178.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 910.00 - County Correctional Facilities - Administration And Management › Section 910.07 - Internal Communication

Current through Register 1525, July 5, 2024
Written policy and procedure shall provide for a system of
				communication within the county correctional facility and shall include, but
				not be limited to, the following;
(1)
			 Monthly meetings between the facility administrator and all department/division
			 heads, or monthly meetings between the Administrator and all facility
			 personnel;
(2) Monthly meetings
			 between department/division heads and their staff; and,
(3) A system of two-way communication between
			 all levels of staff and inmates.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 910.00 - County Correctional Facilities - Administration And Management › Section 910.08 - Code of Ethics

Current through Register 1525, July 5, 2024
The county correctional facility's policy manual shall include
				a code of ethics conforming to governmental statutes and regulations relating
				to conflict of interest, campaigning, lobbying and political practices. It
				shall include, but not be limited to, the following provisions:
(a) conflict of interest;
(b) gifts from inmates; and
(c) gifts from contractors.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 911.00 - County Correctional Facilities - Budget And Fiscal Management › Section 911.01 - Responsibilities of Administration

Current through Register 1525, July 5, 2024
The Sheriff/facility administrator shall prepare, submit, and
				justify a budget that provides the necessary resources for county correctional
				facility operations and programming. Facility staff shall participate in the
				preparation of the written budget request.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 911.00 - County Correctional Facilities - Budget And Fiscal Management › Section 911.02 - Accounting System

Current through Register 1525, July 5, 2024
There shall be an accounting system, consistent with M.G.L. c.
				127, §§ 8 and 9, designed to show the current status of
				appropriations and expenditures, and which records essential financial
				information.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 911.00 - County Correctional Facilities - Budget And Fiscal Management › Section 911.03 - Fiscal Controls

Current through Register 1525, July 5, 2024
Written policy and procedure shall specify the methods used for
				the collection, safeguarding and disbursement of monies that comply with
				accepted accounting procedures established by the parent agency or other
				authority having jurisdiction. Procedures shall include, but not be limited
				to:
(1) internal controls;
(2) petty cash procedures;
(3) bonding of appropriate staff;
(4) signature control on checks;
(5) handling of inmate funds, including
			 accrual of interest;
(6) employee
			 expense reimbursement;
(7)
			 requisition and purchase of supplies and equipment;
(8) issuance or use of vouchers.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 911.00 - County Correctional Facilities - Budget And Fiscal Management › Section 911.04 - Inventory Control

Current through Register 1525, July 5, 2024
(1) Written policy
			 and procedure shall govern inventory control of property stores and other
			 assets.
(2) Inventories shall be
			 conducted at least annually or at times stipulated by applicable statutes or
			 the appropriate regulations of the parent agency or other authority having
			 jurisdiction.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 911.00 - County Correctional Facilities - Budget And Fiscal Management › Section 911.06 - Inmate Purchases/Canteen

Current through Register 1525, July 5, 2024
(1)
			 Written policy and procedure shall allow for inmate purchase of approved items
			 not furnished by the facility.
(2)
			 If an inmate commissary or canteen is established, there shall be procedures
			 for strict control of its operation, the use of accepted accounting procedures,
			 and an independent audit conducted in accordance with applicable statutes and
			 the appropriate regulations of the parent agency or other authority having
			 jurisdiction.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 911.00 - County Correctional Facilities - Budget And Fiscal Management › Section 911.07 - Industries Program

Current through Register 1525, July 5, 2024
If an industries program exists at the facility, in accordance
				with M.G.L. c. 127, § 51, the number of inmates employed, the kind and
				quantity of goods manufactured, the amount of goods sold and monies received
				shall be conducted in accordance with applicable statutes and the appropriate
				regulations established by the parent agency or other authority having
				jurisdiction.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 911.00 - County Correctional Facilities - Budget And Fiscal Management › Section 911.08 - Inmate Funds

Current through Register 1525, July 5, 2024
Written policy and procedure regarding inmate funds shall be
				established and include the following:
(1) Upon receipt of an outstanding victim and
			 witness assessment from a court, the Sheriff/facility administrator shall
			 transmit to the court any part or all of the monies earned or received by the
			 inmate and held by the county correctional facility, except monies derived from
			 interest earned upon such deposits.
(2) Any monies derived from interest earned
			 upon the deposit of such monies and revenue generated by the sale or purchase
			 of goods or services to persons in county correctional facilities may be
			 expended for the general welfare of all the inmates at the discretion of the
			 Sheriff/facility administrator.
(3)
			 When transactions between inmates are permitted, staff approval shall be
			 necessary for such transactions.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 914.00 - County Correctional Facilities - Personnel › Section 914.01 - Personnel Manual

Current through Register 1525, July 5, 2024
(1) Each county
			 correctional facility shall provide a personnel manual which includes, but is
			 not limited to, policy and procedure for the following areas:
(a) organizational structure;
(b) recruitment and selection;
(c) equal employment opportunity
			 provisions;
(d) reasonable
			 accommodation to the known impairments of an employee or applicant having a
			 disability;
(e) job qualifications,
			 descriptions and responsibilities;
(f) job classification plan;
(g) wage and benefit plan;
(h) holidays, leaves and work
			 hours;
(i) personnel
			 records;
(j) performance
			 evaluations;
(k) promotions,
			 retirements, resignations, layoffs and terminations;
(l) employee-management relations;
(m) physical fitness;
(n) employee discipline;
(o) grievances and appeals;
(p) insurance and professional liability
			 provisions;
(q) code of ethics to
			 include statement regarding conflict of interest;
(r) drug-free workplace
(s) sexual harassment prohibition;
(t) sexual misconduct; and
(u) domestic violence.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 914.00 - County Correctional Facilities - Personnel › Section 914.02 - Selection and Hiring

Current through Register 1525, July 5, 2024
(1) Written policy
			 and procedure shall specify that the selection, retention, and promotion of all
			 personnel is on the basis of merit and specified qualifications to include the
			 following:
(a) eligibility for appointment as
			 a correction officer or other security employee a person shall be at least 19
			 years old, have a high school diploma or its equivalent, and be physically fit;
			 and,
(b) eligibility requirements
			 for professional, treatment, administrative and other positions shall be
			 established by the Sheriff/facility administrator in accordance with the duties
			 and responsibilities of the position and with any legal requirements for
			 certification, licensing or training.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 914.00 - County Correctional Facilities - Personnel › Section 914.03 - Personnel Actions

Current through Register 1525, July 5, 2024
(1) Written policy
			 and procedure shall specify that permanent employees are appointed initially
			 for a probationary term of not less than six months but not more than one
			 year.
(2) Written policy and
			 procedure shall require that a written performance evaluation of all employees
			 is completed at the end of the probationary period and at least annually
			 thereafter, and shall be based on defined criteria related to job performance.
			 The evaluation shall bear a direct relationship to the skills, knowledge areas,
			 aptitudes and personal characteristics defined in the job analysis and the
			 duties and responsibilities listed in the job description. The employee shall
			 have the opportunity to review and discuss the evaluation with the individual
			 who completes the form. This evaluation shall be signed by both parties
			 indicating a review has been completed. If the employee disagrees with the
			 evaluation, he/she shall have the right to express his/her opinions in writing
			 without concern of reprisal. This statement shall be included with the
			 evaluation in the personnel file.
(3) Written policy and procedure shall
			 specify that selection, assignment, or transfer of an employee is based on
			 facility need and the ability of the employee to perform the job.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 914.00 - County Correctional Facilities - Personnel › Section 914.04 - Compensation and Benefits

Current through Register 1525, July 5, 2024
(1) A written
			 compensation and benefit plan and a written job classification plan shall exist
			 within the Personnel Manual. Employees shall have access to information on
			 compensation and benefits and receive this information during new employee
			 orientation.
(2) Written policy and
			 procedure shall provide for an employee assistance program approved by the
			 Sheriff.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 914.00 - County Correctional Facilities - Personnel › Section 914.05 - Minimum Staff Requirements

Current through Register 1525, July 5, 2024
(1) The
			 Sheriff/facility administrator shall systematically determine the workload
			 requirements for all categories of personnel and review them on an ongoing
			 basis in order to ensure inmate access to staff, availability of support
			 services and adequate security supervision of the inmates, staff, and the
			 facility. A Security Staff Post Analysis, to include the calculation of a shift
			 relief factor, shall be conducted, reviewed annually and updated as
			 necessary.
(2) Written policy,
			 procedure and practice shall require that when both males and females are
			 incarcerated in the county correctional facility at least one male and one
			 female staff members is on duty at all times.
(3) Written policy and procedure shall
			 provide for provisional appointments or reserve security staff to ensure the
			 availability of trained personnel for short-term, full-time or part-time work
			 in special or emergency situations.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 914.00 - County Correctional Facilities - Personnel › Section 914.06 - Employee Personnel Record

Current through Register 1525, July 5, 2024
(1) The
			 Sheriff/facility administrator shall maintain a current, accurate and
			 confidential personnel record for each employee.
(2) Written policy and procedure shall
			 specify the confidentiality of the personnel record and restrict the record's
			 availability to the employee who is the subject of the record, to
			 administrators and supervisors directly responsible for the employee, and to
			 other personnel who need the information for the performance of their duties,
			 in accordance with the Fair Information Practices Act, M.G.L. c. 66A and
			 501 CMR
			 3.00:
Privacy and
			 Confidentiality
.
(3)
			 Written policy and procedure shall make provision for employees to challenge
			 all information in their personnel file and establish a process for correction
			 or removal of inaccuracies.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 915.00 - County Correctional Facilities - Training And Staff Development › Section 915.01 - Training and Staff Development Guidelines

Current through Register 1525, July 5, 2024
The Sheriff/facility administrator shall develop guidelines for
				training and staff development including, but not limited to, the following
				areas:
(1) Written policy and
			 procedure shall require training programs for all employees, which are
			 specifically planned, coordinated and supervised by a qualified employee at the
			 supervisory level. If the facility has more than 100 employees, one full-time
			 person or full-time equivalent position shall be provided to coordinate and
			 supervise a training program. The individual coordinating and supervising the
			 program shall be certified at a Trainer II level or equivalent;
(2) Written policy and procedure shall
			 require as a part of orientation, that every employee shall be required to read
			 and understand the county correctional facility's policies and procedures
			 applicable to the employee's position, and that every employee receive an
			 overview of the operation of each of the facility's units, as well as the
			 mission and goals of the county correctional facility.
(3) Written policy and procedure shall
			 provide that the training curriculum and plan is developed, evaluated and
			 updated based on an annual needs assessment that identifies current job-related
			 training needs;
(4) Each county
			 correctional facility with more than 100 employees, shall establish an Advisory
			 Training Committee (ATC) composed of the facility training officer and
			 representative staff. The ATC shall assist in the development of training
			 plans, identify needs, assess and implement training plans and evaluate and
			 review training programs as required. This committee shall meet quarterly and
			 report in writing to the Sheriff/facility administrator;
(5) The use of available resources of other
			 public or private agencies, private industry, colleges and libraries to
			 complement the county correctional facility's training and staff development
			 program.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 915.00 - County Correctional Facilities - Training And Staff Development › Section 915.02 - Emergency Plans Training (Required)

Current through Register 1525, July 5, 2024
The Sheriff/facility administrator shall ensure that all county
				correctional facility personnel are trained in the implementation of written
				emergency plans, to include:
(1)
			 Requiring all new employees to be familiar with the written emergency plans
			 prior to permanent work assignment;
(2) Requiring a review of all plans as an
			 element of the in-service training program; and
(3) Work stoppage and riot/disturbance plans
			 are communicated only to appropriate supervisory or other personnel directly
			 involved in the implementation of those plans.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 915.00 - County Correctional Facilities - Training And Staff Development › Section 915.03 - Orientation and Training Requirements

Current through Register 1525, July 5, 2024
(1)
			 Written policy and procedure shall provide that all new correctional officer
			 personnel receive 160 hours of orientation and training during their first year
			 of employment; 40 of these hours shall be completed prior to an officer being
			 independently assigned to a particular post. At a minimum, this training shall
			 cover the following areas:
(a) security and
			 search procedures;
(b) use of force
			 regulations and tactics;
(c)
			 supervision of inmates;
(d) report
			 writing;
(e) inmate and staff rules
			 and regulations;
(f) rights and
			 responsibilities of inmates;
(g)
			 emergency procedures;
(h)
			 interpersonal relations;
(i)
			 social/cultural life styles of the inmate population;
(j) communication skills;
(k) first aid and CPR;
(l) key control;
(m) firearms training;
(n) PREA;
(o) ADA; and
(p) suicide prevention.
All correction officers shall be given an additional 40 hours
				of training each year thereafter.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 915.00 - County Correctional Facilities - Training And Staff Development › Section 915.04 - Training Records and Documentation

Current through Register 1525, July 5, 2024
The Sheriff/facility administrator shall require that
				designated staff responsible for training maintain the following
				records:
(1) Training records of all
			 staff, and
(2) Submission of
			 quarterly written status reports to the Sheriff/facility administrator on all
			 training activities.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 915.00 - County Correctional Facilities - Training And Staff Development › Section 915.05 - Staff Development

Current through Register 1525, July 5, 2024
The Sheriff/facility administrator shall encourage employees to
				continue their education, and within available budgetary resources and subject
				to provisions of collective bargaining agreements, may provide reimbursement or
				administrative leave to employees attending approved professional meetings,
				seminars and similar work-related activities.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 915.00 - County Correctional Facilities - Training And Staff Development › Section 915.06 - Appendix: Summary of Orientation and Minimum Training Hours

Current through Register 1525, July 5, 2024
Hours in accordance with
				103 CMR
				915.03
TITLE
POSITION
Prior to Job
First Year
Each Year Thereafter
CORRECTIONAL OFFICERS:
All staff assigned to full-time custodial and/or
							 security posts.
40
120
40
ADMINISTRATIVE/ MANAGEMENT PERSONNEL: (Additional
							 Training)
Facility Administrators, Business Managers, Personnel
							 Directors, or other Supervisors.
--
40
24
SUPPORT:
(Regular or Daily Contact)
Food Service, Industry Work Supervisors, Farm Work
							 Supervisors, Maintenance Work Supervisors, Social Service, Case
							 Management
40
40
40
CLERICAL/SUPPORT: (Minimum Inmate
							 Contact)
Secretaries, Clerks Typist, PBX Operators, Computer
							 Warehouse Personnel, Accountants, Personnel Staff.
24
16
16
EMERGENCY UNIT STAFF:
Members of emergency or confrontation
							 units.
*40
--
**16
PART-TIME EMPLOYEES & VOLUNTEERS:
Appropriate to Assignments
* May be part of 120 hours of on-the-job training required in
				first year as a correctional officer.
** May be part of 40 hours of required annual
				training.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 916.00 - County Correctional Facilities - Management Information System › Section 916.01 - Information System Guidelines

Current through Register 1525, July 5, 2024
The Sheriff/facility administrator shall provide guidelines for
				an organized information system which is part of overall research and decision
				making. Such guidelines shall include the following:
(1) Written policy and procedure governing:
(a) data collection;
(b) access to data;
(c) retrieval of data;
(d) review of data;
(e) use of data and relativity to both inmate
			 and management (operational) needs;
(f) storage of data;
(g) security of information;
(h) verification of data; and
(i) adherence to Criminal Offender Record
			 Information Statute (CORI) (M.G.L. c. 6, §§ 167 through 172), and in
			 accordance with relevant requirements imposed by regulations of the Department
			 of Criminal Justice Information Services (DCJIS) (
			 803 CMR 2.00:
General
			 Information
).
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 916.00 - County Correctional Facilities - Management Information System › Section 916.02 - Monthly Report of Admissions and Releases

Current through Register 1525, July 5, 2024
The Sheriff/facility administrator shall make a monthly report
				to the Commissioner of all admissions and releases on a form designated by the
				Commissioner.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 916.00 - County Correctional Facilities - Management Information System › Section 916.03 - List of Inmates

Current through Register 1525, July 5, 2024
The Sheriff/facility administrator of each county correctional
				facility shall cause to be maintained, consistent with M.G.L. c. 127, § 5,
				a calendar of all prisoners committed, in which shall be recorded the names of
				all prisoners, their places of abode, the time, cause and authority of each
				commitment, and, if they have been committed upon a sentence on conviction of
				crime, a description of their persons. The calendar of inmates shall further
				record the time and authority for the release of every prisoner released and
				the time and manner of the escape of any prisoner who
				escapes.