reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 455.00 - Correctional Industries › Section 455.17 - Review Date

Current through Register 1525, July 5, 2024
103 CMR
				455.00 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 455.00 - Correctional Industries › Section 455.18 - Severability Clause

Current through Register 1525, July 5, 2024
If any article, section, subsection, clause or phrase of
				103 CMR
				455.00 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
				455.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 460.00 - Transfer Procedures For The Massachusetts Treatment Center › Section 460.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				103 CMR 460.00 is to
				establish rules and procedures governing the transfer of sexually dangerous
				persons who have also been sentenced for a criminal offense and whose sentences
				have not expired between the Massachusetts Treatment Center and other
				correctional institutions designated by the Commissioner of
				Correction.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 460.00 - Transfer Procedures For The Massachusetts Treatment Center › Section 460.02 - Statutory Authorization

Current through Register 1525, July 5, 2024
103 CMR 460.00 is issued
				pursuant to M.G.L. c. 123A, §§ 2 and 2A; M.G.L. c. 124, § 1 (b),
				(c), (f) and (q); and M.G.L. c. 127, §§ 20, 49A, 97 and
				97A.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 460.00 - Transfer Procedures For The Massachusetts Treatment Center › Section 460.03 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR 460.00 cancels all
				previous institution policy statements, bulletins, directives, orders, notices,
				rules and regulations regarding transfer which are inconsistent with this
				policy.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 460.00 - Transfer Procedures For The Massachusetts Treatment Center › Section 460.04 - Applicability

Current through Register 1525, July 5, 2024
103 CMR 460.00 applies to
				all Department employees and to all inmates at state, county and federal
				correctional institutions who are serving a sentence imposed by the
				Commonwealth of Massachusetts and to residents housed at the Treatment Center
				located in Bridgewater, Massachusetts who have also been sentenced for a
				criminal offense and whose sentences have not expired.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 460.00 - Transfer Procedures For The Massachusetts Treatment Center › Section 460.05 - Access to 103 CMR 460.00

Current through Register 1525, July 5, 2024
103 CMR 460.00 shall be
				maintained within the Central Policy File of the Department of Correction and
				will be accessible to all Department employees. A copy this policy will also be
				maintained at each Superintendent's Central Policy File and at each resident or
				inmate library.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 460.00 - Transfer Procedures For The Massachusetts Treatment Center › Section 460.07 - Criteria for Transfer

Current through Register 1525, July 5, 2024
(1) The resident
			 may be transferred based upon any one of the criteria listed in 103 CMR
			 460.07(1)(a) through (e):
(a) Unamenability
			 to treatment; or
(b) Unwillingness
			 to follow treatment recommendations; or
(c) Lack of progress in treatment.
For purposes of 103 CMR 450.07(1)(a) through 460.07(1)(c) the
				criteria pertaining to treatment failure will be met if, in the judgment of the
				Clinical Director of Treatment, the resident has failed appreciably to
				participate in treatment or to achieve treatment goals during the previous six
				month period.
(d) The
			 danger posed by the resident to other residents or to staff at the Treatment
			 Center; or
(e) The degree of
			 security necessary to protect the public.
For the purpose of 103 CMR 460.07(1)(d), the criteria relating
				to security will be met if the resident poses a danger of physical harm to
				himself or others as manifested through threats or assaults, escape, attempted
				escape, or a serious risk of escape.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 460.00 - Transfer Procedures For The Massachusetts Treatment Center › Section 460.09 - Subsequent Transfer Board Hearings

Current through Register 1525, July 5, 2024
(1)
			 Subsequent transfer board hearings serve to determine whether to recommend that
			 transferred Treatment Center residents should be returned to the Treatment
			 Center. Subsequent boards will assess the transferred Treatment Center
			 resident's appropriateness for return to the Treatment Center, based upon:
(a) the resident's compliance with such
			 criteria and conditions established by the initial transfer board pursuant to
			 103 CMR
			 460.08(3)(i)3.,
			 and
(b) the resident's behavioral
			 and programmatic record at the correctional institution(s) where the resident
			 has been housed.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 460.00 - Transfer Procedures For The Massachusetts Treatment Center › Section 460.10 - Tracking of Transferred Treatment Center Residents

Current through Register 1525, July 5, 2024
In order to facilitate the centralized control, monitoring and
				evaluation of transferred Treatment Center residents, the Department shall
				develop, institute, and maintain a record keeping system at the Treatment
				Center that will record each correctional institution at which a transferred
				Treatment Center resident resides. These records will be kept for the following
				purposes:
(1) The Treatment Center
			 Superintendent or a designee shall endeavor to obtain from each correctional
			 institution to which a transferred Treatment Center resident is transferred
			 copies of any records or documents relevant to such a resident's sexual
			 dangerousness, treatment, rehabilitation, disciplinary actions, and security
			 concerns. The Treatment Center Superintendent or a designee shall endeavor to
			 include such records in a transferred resident's treatment and administrative
			 files maintained at the Treatment Center.
(2) The Treatment Center's Clinical Director
			 of Treatment or a designee shall conduct annual reviews of all transferred
			 Treatment Center residents. Such reviews may include but are not limited to
			 interviews of the resident, review of the residents' records from other
			 correctional institutions, and interviews with the staff of other correctional
			 institutions. Any reports of such periodic reviews shall be included in the
			 transferred residents' Treatment Center files and records.
(3) Pursuant to M.G.L. c. 123A, §§
			 2A & 6A, the Community Access Board ("CAB") shall continue to conduct
			 annual reviews of and prepare reports on the current sexual dangerousness of
			 all transferred residents. The CAB may also conduct a review in order to update
			 an annual review in preparation for a transferred resident's M.G.L. c. 123A,
			 § 9 hearing. Reviews may include but are not limited to personal
			 interviews of the resident, interviews with the staff of other correctional
			 institutions, and to all of the resident's records at the Treatment Center and
			 any other correctional institution.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 460.00 - Transfer Procedures For The Massachusetts Treatment Center › Section 460.11 - Return of Transferred Residents to the Treatment Center

Current through Register 1525, July 5, 2024
A transferred resident shall only be returned to the Treatment
				Center if:
(1) Following the transfer
			 process in
			 103 CMR
			 460.09, the Commissioner or a designee
			 approves of a transferred Treatment Center resident's return to the Treatment
			 Center; or
(2) A resident's
			 criminal sentence expires and he has not been discharged from his M.G.L. c.
			 123A commitment.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 460.00 - Transfer Procedures For The Massachusetts Treatment Center › Section 460.12 - Time Limits

Current through Register 1525, July 5, 2024
All procedural time limits set forth in
				103 CMR 460.00 are directory
				and may be waived by the Superintendent or the Commissioner or their
				designees.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 460.00 - Transfer Procedures For The Massachusetts Treatment Center › Section 460.13 - Status of Transferred Residents

Current through Register 1525, July 5, 2024
Any resident transferred pursuant to
				103 CMR 460.00 from the
				Treatment Center to another correctional institution of the Department of
				Correction shall be deemed a state prisoner fully subject to all Department
				rules, regulations and policies governing prisoners at the receiving
				correctional institution, including, but not limited to,
				103 CMR
				420.00 and
				103 CMR
				430.00. Except as provided in
				103 CMR 460.00, rules,
				regulations and policies adopted solely for operation within the Treatment
				Center shall not apply to transferred residents.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 460.00 - Transfer Procedures For The Massachusetts Treatment Center › Section 460.14 - Emergency

Current through Register 1525, July 5, 2024
Whenever in the opinion of the Commissioner or a designee or
				the Superintendent of any state correctional institution, an emergency exists
				which requires suspension of all or part of
				103 CMR 460.00, the
				Commissioner or a designee or the Superintendent of any state correctional
				institution may authorize such suspension provided that any suspension lasting
				more than 48 hours must be approved by the Commissioner.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 460.00 - Transfer Procedures For The Massachusetts Treatment Center › Section 460.15 - Responsible Staff

Current through Register 1525, July 5, 2024
The Assistant Deputy Commissioner responsible for the Treatment
				Center shall be responsible for monitoring
				103 CMR 460.00 throughout
				the Department. The Superintendent of each correctional institution shall be
				responsible for the implementation of this policy within the institution and
				for the development of any and all necessary and appropriate policies and
				procedures within the parameter of
				103 CMR
				460.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 460.00 - Transfer Procedures For The Massachusetts Treatment Center › Section 460.16 - Annual Review

Current through Register 1525, July 5, 2024
103 CMR 460.00 shall be
				reviewed annually by the Assistant Deputy Commissioner responsible for the
				Treatment Center. The party or parties conducting the review shall submit a
				memorandum to the Commissioner with a copy to the Central Policy File,
				indicating that 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 460.00 - Transfer Procedures For The Massachusetts Treatment Center › Section 460.17 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, clause, or phrase of
				103 CMR 460.00 is for any
				reason held to be unconstitutional, contrary to statute, in excess of the
				authority of the Commissioner, or otherwise inoperative, such decisions shall
				not affect the validity of any other article, section, subsection, sentence,
				clause, phrase of
				103 CMR
				460.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 462.00 - International Transfer Policy › Section 462.03 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR 462.00 cancels all
				previous Department of Correction (Department) policy statements, bulletins,
				directives, orders, notices, rules or regulations regarding international
				transfers which are inconsistent with
				103 CMR
				462.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 462.00 - International Transfer Policy › Section 462.04 - Applicability

Current through Register 1525, July 5, 2024
103 CMR 462.00 is applicable
				to all foreign nationals serving a Massachusetts state sentence either within
				the Massachusetts Department of Correction, any county facility, another state
				or the federal government
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 462.00 - International Transfer Policy › Section 462.06 - Definitions

Current through Register 1525, July 5, 2024
Administrator
. The administrator of
				the international transfer program is the Commissioner's designee responsible
				for developing, implementing, and monitoring Department initiatives in the area
				of international transfers of inmates. The Assistant Deputy Commissioner of
				Classification is designated as the administrator of the international transfer
				program.
Classification
. A system by which each
				inmate's needs are regularly assessed in relation to the inmate's placement and
				program resources. Classification regulations are found at
				103 CMR
				420.00.
Commissioner
. The chief executive
				officer of the Department.
Foreign National
. An inmate
				incarcerated in a Massachusetts state prison who is not a United States citizen
				or who has dual citizenship status with the United States and another
				country.
Receiving Country
. The country to
				which a foreign national may be transferred.
Sentence
. Any punishment or measure
				involving deprivation of liberty ordered by a court on account of a criminal
				offense.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 462.00 - International Transfer Policy › Section 462.07 - Notification to Inmates of International Transfer Program

Current through Register 1525, July 5, 2024
(1) Foreign nationals shall be notified about
			 the potential for a return to their home country.
(2) During the initial intake or
			 classification process, following a foreign national's commitment to the state
			 prison system, a foreign national shall be given a form by which he/she may
			 declare his/her initial intention upon being notified of the transfer
			 possibility.
(3) Foreign nationals
			 shall be allowed access to the diplomatic representative of their country of
			 citizenship pursuant to
			 103 CMR
			 481.00:
Inmate Mail
,
			 103 CMR
			 482.00:
Telephone Access and Use
, and
			 103 CMR
			 483.00:
Visiting
			 Procedures
.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 462.00 - International Transfer Policy › Section 462.08 - Eligibility Criteria

Current through Register 1525, July 5, 2024
An inmate meeting the following general eligibility criteria
				may request a transfer to his/her home country (the receiving country),
				provided that the receiving country is a party to a prisoner transfer treaty
				with the United States and provided:
(1) That the inmate is a national of the
			 receiving country; and
(2) That the
			 acts or omissions upon which the sentence was imposed constitutes a criminal
			 offense according to the law of the receiving country or would constitute a
			 criminal offense if committed on its territory.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 462.00 - International Transfer Policy › Section 462.10 - Department of Correction Discretionary Review Process

Current through Register 1525, July 5, 2024
(1) Within 30 days following the receipt of
			 an application form, the designated staff member at the facility in which the
			 inmate is currently incarcerated shall schedule a classification review to
			 consider the inmate for transfer to the inmate's home country (the receiving
			 country). All classification reviews shall be held in accordance with
			 Department regulations concerning classification,
			 103 CMR
			 420.00. Additionally, in any instance where an inmate
			 is being considered for international transfer, following the superintendent's
			 decisions, the classification review shall be forwarded to the administrator of
			 the international transfer program (Assistant Deputy Commissioner of
			 Classification), for review and decision. If approved by the administrator, the
			 classification materials shall be forwarded to the Commissioner for final
			 review.
(2) If the Commissioner
			 approves the transfer request, the application shall be forwarded to the
			 Governor's Office or designee.
(3)
			 If the Commissioner does not approve the transfer request, the application
			 shall not be forwarded to the Governor's Office or designee.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 462.00 - International Transfer Policy › Section 462.11 - Other Review Processes

Current through Register 1525, July 5, 2024
(1) In addition to
			 approval by the Commissioner, an inmate's transfer application shall also be
			 approved by each of the following: the Governor's Office; the United States
			 Department of Justice; and the receiving country. Denial by any one of the
			 three reviewing authorities constitutes a denial of an inmate's transfer
			 application; however, an inmate may reapply one year from the date of denial of
			 his application.
(2) If the
			 transfer request is approved by all of the reviewing authorities, the inmate
			 shall receive a hearing before a United States Magistrate at which time the
			 magistrate shall determine whether the inmate consents to the transfer. If so,
			 and provided that no proceeding by way of any appeal or of collateral attack is
			 pending in Massachusetts and the inmate has waived all rights of appeal or
			 collateral attack, the inmate shall be transferred.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 462.00 - International Transfer Policy › Section 462.12 - Effect of Transfer Upon Sentence Being Served

Current through Register 1525, July 5, 2024
Unless modified by a treaty, the receiving country shall be
				bound by the legal nature and duration of the sentence as imposed by
				Massachusetts. The receiving country shall not aggravate, by its nature or
				duration, the sentence imposed by Massachusetts.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 462.00 - International Transfer Policy › Section 462.13 - Transporting Inmate to Receiving Country

Current through Register 1525, July 5, 2024
Following approval of an international transfer request, the
				administrator or a designee shall make the necessary arrangements with the
				United States marshals to assume custody of the inmate so that they can deliver
				the inmate to the receiving country.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 462.00 - International Transfer Policy › Section 462.14 - Emergencies

Current through Register 1525, July 5, 2024
Whenever in the opinion of the Commissioner or a designee, or
				the superintendent of a state correctional facility, an emergency exists which
				requires suspension of all or part of
				103 CMR 462.00, the
				Commissioner or a 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 462.00 - International Transfer Policy › Section 462.15 - Responsible Staff

Current through Register 1525, July 5, 2024
(1) The
			 superintendent of each institution shall be responsible for implementing and
			 monitoring
			 103 CMR 462.00 within the
			 institution.
(2) The administrator
			 of the international transfer program or a designee shall be responsible for
			 implementing and monitoring
			 103 CMR 462.00 throughout
			 the Department.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 462.00 - International Transfer Policy › Section 462.16 - Annual Review

Current through Register 1525, July 5, 2024
103 CMR 462.00 shall be
				reviewed 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 that the review has been completed.
				Recommendations for revisions or deletions shall be included. An updated
				listing of current signatories to prisoner transfer treaties shall be obtained
				from the United States Department of Justice.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 462.00 - International Transfer Policy › Section 462.17 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of
				103 CMR 462.00 is for any
				reason held to be unconstitutional, contrary to statute, in excess of the
				Commissioner's authority or otherwise inoperative, such decision shall not
				affect the validity of any other article, section, subsection, sentence, clause
				or phrase of
				103 CMR
				462.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 463.00 - Furloughs › Section 463.04 - Statutory Authorization

Current through Register 1525, July 5, 2024
103 CMR
				463.00 is issued pursuant to M.G.L. c. 124, §
				1(q) and M.G.L. c. 127, § 90A.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 463.00 - Furloughs › Section 463.05 - Access to Regulations

Current through Register 1525, July 5, 2024
103 CMR
				463.00 shall be maintained within the Central Policy
				File of the Department and will be accessible to all Department employees. A
				copy of
				103 CMR
				463.00 shall 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 463.00 - Furloughs › Section 463.07 - Eligibility Requirements

Current through Register 1525, July 5, 2024
(1) An inmate shall
			 be eligible to be considered for a furlough under the following conditions:
(a) An inmate serving a life sentence for
			 murder in the second degree shall be required to serve 12 years from the
			 effective date of sentence.
(b)
			 Except for inmates serving a life sentence for murder in the first degree for
			 whom furloughs are not allowed, all other inmates shall be required to have
			 served at least 50% of the time between their effective date of sentence and
			 their parole eligibility date or earliest release or discharge date, whichever
			 is less, and shall be within three years of their parole eligibility date or
			 earliest release or discharge date, whichever is less, before being eligible
			 for an initial furlough. The eligibility requirement of 103 CMR 463.07 shall
			 not preclude from furlough participation those inmates not yet within three
			 years of their parole eligibility date or earliest release or discharge date,
			 whichever is less, who are furlough certified prior the effective date of
			 103 CMR
			 463.00. Any inmate not within three years of his/her
			 parole eligibility date or earliest release or discharge date, whichever is
			 less, and certified prior to the effective date of
			 103 CMR
			 463.00, and who is terminated from the furlough
			 program for any reason subsequent to the effective date of
			 103 CMR
			 463.00 shall thereafter be subject to the eligibility
			 requirements of 103 CMR 463.07.
(c)
			 An inmate shall be considered eligible for an initial furlough provided that he
			 meets the criteria established in 103 CMR 463.07(1)(a) and (b); and does not
			 have a felony warrant or detainer pending, has been determined not to be a
			 sexually dangerous person in accordance with M.G.L. c. 123A, is not serving a
			 mandatory sentence restricting involvement in the furlough program, is not
			 serving a sentence for murder 1st degree and has been deemed appropriate for
			 participation in the furlough program in accordance with
			 103 CMR
			 420.00:
Classification
, and the
			 respective institution classification procedures.
(d) The decision to recommend or approve the
			 inmate for a furlough shall be based upon the inmate's ability to conduct
			 himself responsibly while in the community; past and present conduct in the
			 correctional system; past history of release on furlough, probation, parole or
			 bail; involvement in institution programs or rehabilitative activities; history
			 of violent behavior; offense; and absence of any pending legal
			 issues.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 463.00 - Furloughs › Section 463.08 - Furlough Time

Current through Register 1525, July 5, 2024
(1) An inmate of
			 any state correctional facility shall be eligible for 14 furlough days (336
			 hours) during his furlough year.
(2) An inmate shall not be eligible to
			 receive more than seven furlough days in the first half of a furlough year
			 except for inmates participating in pre-release programs who may be so
			 eligible.
(3) Furlough days or any
			 part remaining at the end of the first half of the furlough year may be carried
			 from the first half of a furlough year to the next, but no furlough days may be
			 carried from one furlough year to the next furlough year.
(4) Inmates returning early from a furlough
			 shall be credited for such early return in full unused half hour periods of
			 time. Inmates returning late from a furlough shall have time deducted for such
			 late return in half hour periods of time.
(5) An inmate's furlough year will begin
			 either from the date of the inmate's emergency furlough, emergency escorted
			 furlough, or the date of the inmate's initial furlough, taken during the
			 current commitment.
(6) Should an
			 inmate on positive furlough status lose that status due to a classification
			 decision or disciplinary sanction, the effective date of the furlough year will
			 not be affected if he is reinstated to positive furlough status.
(7) The Superintendent and/or designee may
			 restrict the length and frequency of furloughs.
(8) Each inmate will leave 12 furlough hours
			 unused until the last two weeks of his furlough half year for the purpose of
			 ensuring ample available time in case of the need for an emergency
			 furlough.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 463.00 - Furloughs › Section 463.09 - Furlough Sponsor

Current through Register 1525, July 5, 2024
(1) Each inmate
			 participating in the furlough program shall have a furlough sponsor. The
			 furlough sponsor must be 18 years of age or older and be approved to act as a
			 sponsor by the institution furlough committee and institution Superintendent.
			 In addition, the furlough sponsor shall not be an employee of the Department of
			 Correction or currently on parole.
(2) Furlough sponsors shall be required to
			 remain with the inmate at all times for the duration of the furlough. The
			 sponsor shall also be required to provide reliable transportation for the
			 inmate and remain with the inmate during such transportation. The sponsor shall
			 also be required to provide the inmate with an address and a telephone
			 number.
(3) A proposed sponsor must
			 arrange an appointment with the institution furlough investigator for the
			 purpose of conducting a sponsor interview. During the interview the proposed
			 sponsor shall receive an orientation of rules and regulations of the furlough
			 program and the legal responsibilities of a sponsor. Each proposed sponsor
			 shall also complete the following:
(a)
			 Background Information Request and Waiver Form;
(b) Furlough Sponsorship Agreement
			 Form;
(c) Furlough Sponsor
			 Interview Form.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 463.00 - Furloughs › Section 463.10 - Furlough Panel

Current through Register 1525, July 5, 2024
(1) Each facility
			 Superintendent shall recommend to the Commissioner or his designee the
			 appointment of certain institution employees as members o f the institution
			 furlough panel. The Commissioner or his designee will approve or deny an
			 individual as a member of the furlough panel.
(2) Each institution furlough panel shall
			 consist of at least three, but not more than five, institution employees. A
			 deputy superintendent shall act as the chairperson; other members must include
			 a correction counselor of supervisory rank, a correction officer, or in those
			 facilities not staffed with correction officers, a correction counselor having
			 care and custody responsibilities.
(3) The duties and responsibilities of the
			 institution furlough panel shall be the following:
(a) to convene on a regular and continuing
			 basis to consider the furlough applications of inmates;
(b) to review each furlough application and
			 all other related materials, including results of the sponsor investigation,
			 completed sponsor forms, results of interviews, the most recent institution
			 classification board report for completeness and accuracy; and to interview the
			 inmate if deemed necessary and appropriate;
(c) to recommend approval or denial of an
			 individual's application to act as a furlough sponsor;
(d) to defer a recommendation of a furlough
			 application when such an application or any supporting material is incomplete
			 or inaccurate, or there is action pending which may affect the recommendation
			 of the panel;
(e) to record in
			 writing on the furlough authorization sheet, the votes and signatures of
			 individual board members and any recommendation, with reasons, for approval,
			 denial, modification or deferral of a furlough.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 463.00 - Furloughs › Section 463.11 - Emergency Furlough

Current through Register 1525, July 5, 2024
(1) Whenever an
			 inmate indicates to the furlough coordinator, or other staff are notified that
			 an emergency exists and said emergency satisfies a purpose outlined in
			 103 CMR
			 463.07(2), the inmate may be
			 granted an emergency furlough, or an emergency furlough under escort, provided
			 said emergency is verified by the designated staff member.
(2) Upon verification that an emergency
			 exists, the designated staff member shall complete a furlough authorization
			 sheet and instruct the inmate to complete a furlough application listing the
			 specific itinerary. The designated institution staff member shall verify all
			 locations listed on the itinerary. The institution superintendent shall review
			 the request for an emergency furlough including the application and itinerary,
			 and approve, modify or deny the request and determine the conditions for the
			 furlough. The institution furlough coordinator shall submit the request for
			 emergency furlough with conditions to the Central Furlough Unit for approval by
			 the Commissioner or his designee. The designated staff member must forward the
			 furlough authorization sheet to the Central Furlough Unit within one week for
			 signature by the Commissioner or his designee.
(3) The conditions for approval of the
			 emergency furlough must be consistent with the security designation of the
			 institution. An inmate currently on positive furlough status may be released on
			 an emergency furlough without escort, provided the requirements in 103 CMR
			 463.11(1) and (2) have been satisfied. However, the inmate must be accompanied
			 by the sponsor approved in accordance with
			 103 CMR 463.09.
			 An inmate not on positive furlough status must be accompanied by an escort, or
			 escorts, to be determined in accordance with the security designation of the
			 institution. In the case of an emergency furlough for an inmate from a medium
			 or maximum security institution, the inmate must be escorted by at least two
			 correction officers, one of whom holds a commission as a special state police
			 officer. In all cases, transportation procedures shall be adhered to at all
			 times in accordance with 103 CMR 503.00:
Inmate
			 Transportation
. The institution superintendent reserves the right to
			 increase the security coverage as he deems necessary.
(4) Following approval by the Commissioner or
			 his designee, the institution furlough coordinator shall be responsible for
			 making telephone notification of the impending emergency furlough in accordance
			 with
			 103 CMR 463.14(1) and
			 (2). Said notification shall immediately be
			 followed by a written notification.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 463.00 - Furloughs › Section 463.12 - Initial Furlough

Current through Register 1525, July 5, 2024
(1) An inmate shall
			 not be considered for an initial furlough unless he has met the eligibility and
			 suitability requirements set forth in
			 103 CMR
			 463.07.
(2) Each institution shall develop procedural
			 requirements clearly stating when an inmate may apply for an initial furlough
			 following the inmate's transfer or admission to that facility. Such
			 requirements must be consistent with the eligibility criteria established in
			 103 CMR
			 463.07 and the security designation of that
			 institution.
(3) The process of
			 considering an inmate for an initial furlough shall be as follows:
(a) the institution furlough coordinator
			 shall receive the inmate's application for a furlough. The institution furlough
			 coordinator shall verify that the inmate is eligible for participation in the
			 furlough program consistent with
			 103 CMR
			 463.07. The institution furlough coordinator
			 shall verify that the inmate's furlough sponsor has been approved in accordance
			 with
			 103 CMR
			 463.09;
(b) the inmate's furlough application, along
			 with a furlough authorization sheet, sponsor approval forms, the most recent
			 institution classification board report, and any other accompanying
			 documentation, shall be presented to the institution furlough panel by the
			 institution furlough coordinator for the panel's recommendation of approval or
			 denial, or approval with certain conditions, to the institution
			 superintendent.
(c) the institution
			 superintendent shall review the recommendation of the institution furlough
			 panel, the furlough application, and other accompanying documentation as
			 outlined in 103 CMR 4 6 3 .12(3 )(b ) and make a decision of approval, denial,
			 o r approval with certain conditions. The institution furlough coordinator
			 shall forward the Superintendent's decision to the Central Furlough
			 Unit.
(d) the Central Furlough Unit
			 shall review the furlough package for completeness and accuracy. The Central
			 Furlough Unit shall present the inmate's furlough application and accompanying
			 documentation to the Commissioner's furlough panel. The Commissioner's furlough
			 panel shall review the inmate's application and make a recommendation to the
			 Commissioner of approval or denial, or approval with certain
			 condition.
(e) The Commissioner, or
			 his designee, shall review the recommendation of the Commissioner's furlough
			 panel and make the final decision as to the approval or denial of the inmate's
			 application for an initial furlough.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 463.00 - Furloughs › Section 463.13 - Subsequent Furlough

Current through Register 1525, July 5, 2024
(1) An inmate may
			 submit an application for a subsequent furlough in accordance with prescribed
			 institution procedures and following the successful completion of an initial
			 furlough.
(2) Upon completion of
			 the inmate's furlough application, the institution furlough coordinator shall
			 verify that the inmate has successfully completed an initial furlough and has
			 submitted the application in accordance with 103 CMR 463.13. The institution
			 furlough coordinator shall also determine if any significant issues have
			 developed that may affect the inmate's status within the furlough program or
			 ability to complete a furlough. The institution furlough coordinator shall
			 submit the inmate's furlough application, authorization sheet and accompanying
			 documentation to the institution furlough panel. The institution furlough
			 coordinator shall also submit an updated furlough progress report to the
			 institution furlough panel.
(3) The
			 institution furlough panel shall review the inmate's furlough application and
			 accompanying documentation, and make a recommendation to the institution
			 superintendent of approval or denial, or approval with certain conditions. The
			 institution's furlough panel shall take into consideration in its
			 recommendation any significant issues that have developed since the inmate's
			 last furlough.
(4) The institution
			 superintendent shall make the final decision as to approval or denial, or
			 approval with certain conditions, of the inmate's furlough
			 applications.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 463.00 - Furloughs › Section 463.14 - Notifications

Current through Register 1525, July 5, 2024
(1) At least seven days prior to a release of
			 an inmate on an approved furlough, the institution furlough coordinator shall
			 make written notification to the below stated individual(s) or agencies of the
			 intended release of the inmate on furlough:
(a) the Chief of Police of each city/town
			 identified as a destination on the inmate's itinerary;
(b) the Department of Public Safety, 1010
			 Commonwealth Avenue, Boston, Massachusetts;
(c) the inmate's approved furlough
			 sponsor;
(d) a CORI A petitioner
			 previously approved for such notification by the Criminal History Systems
			 Board.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 463.00 - Furloughs › Section 463.16 - Inmate Accountability

Current through Register 1525, July 5, 2024
Each institution shall develop a system of inmate
				accountability to ensure the necessary supervision of an inmate on furlough as
				well as total compliance with the rules and regulations established within
				103 CMR
				463.00. Said systems shall include, but not be limited
				to the following:
(1) an inmate must
			 read, sign and date his furlough passbook prior to release on an initial
			 furlough;
(2) each institution
			 shall develop an orientation program whereby inmates are informed of the rules
			 and regulation of the furlough program, established pursuant to
			 103 CMR
			 463.00;
(3) each inmate shall be interviewed by the
			 institution Superintendent on a regular basis to ensure his suitability for
			 involvement in the furlough program;
(4) a system for making random unannounced
			 telephone spot checks to an inmate on furlough by an institution staff member.
			 Random spot checks should be made a frequency of one for every 12 hours of
			 furlough or fraction thereof;
(5) a
			 system of call-ins by an inmate on furlough at a pre/arranged time. Said
			 call-ins shall not replace required spot checks and shall be verified by a
			 return call to the location noted on the inmate's itinerary;
(6) a system of physical unannounced spot
			 checks at a location noted on the furlough itinerary, to verify an inmate's
			 location on furlough and to ensure his activities are consistent with the
			 previously approved itinerary and are in accordance with
			 103 CMR
			 463.00;
(7) a system of urine surveillance, medical
			 examinations, or other methods to monitor the possible use of alcohol, illicit
			 drugs or intoxicating substances while on furlough;
(8) written notification to the police chief
			 in each city or town listed on an inmate's itinerary and to the state
			 police;
(9) a system of monitoring
			 the inmate's relationship with the sponsor to ensure the appropriateness of the
			 individual to act as a sponsor and determine any potential problems that may
			 develop in the relationship.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 463.00 - Furloughs › Section 463.17 - Abuse of Furlough Privilege

Current through Register 1525, July 5, 2024
(1)
			 Failure of an inmate to adhere to the conditions of his furlough shall be
			 considered an abuse of furlough privilege and the inmate may be subject to
			 disciplinary action or criminal prosecution. Further, such abuse shall be
			 considered in future furlough requests.
(2) Failure of an inmate to return from
			 furlough to the institution at the designated time shall automatically result
			 in the filing of a disciplinary report, regardless of prior notification to the
			 facility by the inmate.
(3) Failure
			 of an inmate to return to the institution within two hours of the designated
			 time shall be considered an escape, regardless of prior notification by the
			 inmate.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 463.00 - Furloughs › Section 463.18 - Escape

Current through Register 1525, July 5, 2024
(1) An inmate shall be declared on escape if
			 he:
(a) fails to return from furlough to a
			 state, county or contract facility within two hours of the designated time of
			 return;
(b) fails to arrive at a
			 location specified on the furlough itinerary by the scheduled time, and does
			 not arrive there or return to the institution within two hours;
(c) leaves the location specified on the
			 itinerary prior to the approved departure time and does not return to the
			 location or to the institution within two hours;
(d) fails or refuses to return to the
			 institution within two hours after being ordered to do so;
(e) is determined not to be at a location
			 specified on the itinerary as confirmed by a spot check call or physical spot
			 check;
(f) leaves the boundaries of
			 the Commonwealth of Massachusetts at any time while on furlough.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 463.00 - Furloughs › Section 463.19 - Furlough Rules

Current through Register 1525, July 5, 2024
(1) An inmate on
			 furlough shall adhere to the following rules:
(a) the inmate shall obey all federal laws,
			 the laws of the Commonwealth and the local community where he is visiting and
			 shall return to the institution at the designated time;
(b) the inmate shall not leave the
			 Commonwealth of Massachusetts;
(c)
			 the inmate shall submit to urinalysis or medical examination upon request of
			 the institution;
(d) the inmate
			 shall follow the itinerary of activities, destinations and conditions as
			 approved;
(e) the inmate shall not
			 introduce or attempt to introduce contraband into the institution;
(f) the inmate shall immediately telephone
			 the institution in case of problems or emergencies;
(g) the inmate shall not associate with other
			 known felons on furlough;
(h) the
			 inmate shall return to the institution immediately if ordered by the
			 Superintendent or his designee;
(i)
			 the inmate shall carry on him at all times his furlough passbook which is
			 signed by the Superintendent and inmate, stating the above furlough rules, time
			 the furlough begins and ends and conditions for the furlough.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 463.00 - Furloughs › Section 463.20 - Record Keeping

Current through Register 1525, July 5, 2024
Each institution shall develop a comprehensive record keeping
				system that shall include, but not be limited to the following:
(1) a separate furlough folder for each
			 inmate either on positive furlough status or in process for an initial
			 furlough, located in a safe and secure area of the institution;
(2) the institution furlough coordinator
			 shall be responsible for placing all applicable furlough documentation in the
			 furlough folder;
(3) the
			 institution furlough coordinator shall maintain any logs relating to dates of
			 furloughs, departure and return times, spot checks, urinalysis surveillance and
			 comments regarding the outcome of any fur lo ugh;
(4) each institution furlough folder shall
			 contain at least the following:
(a) furlough
			 authorization sheets noting an accurate account of furlough hours
			 used;
(b) all furlough applications
			 and itineraries submitted by the inmate;
(c) sponsor package, including, sponsor
			 interview form, police chief interview form, CORI A interview form (if
			 applicable), results of home investigation (if applicable), furlough
			 investigator's summary, sponsor's probation check, furlough sponsorship
			 agreement and a copy of sponsor's home telephone bill;
(d) a CORI waiver signed by inmate;
(e) results of inmate and sponsor interviews
			 with either the Superintendent or institution furlough investigator.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 463.00 - Furloughs › Section 463.21 - Cancellation and Extension of Furloughs

Current through Register 1525, July 5, 2024
(1)
			 Furloughs may not be extended except by order of the Commissioner or
			 institution Superintendent. A furlough shall only be extended in case of an
			 emergency and the reasons for the extension shall be documented and placed in
			 the institution furlough file within one week of the extension.
(2) Furloughs shall be cancelled only by
			 order of the Commissioner or institution Superintendent. When a furlough has
			 been cancelled, the Superintendent or his designee shall take appropriate steps
			 to insure that the inmate is not permitted to temporarily leave the facility on
			 the furlough. The reasons for cancellation shall be documented and placed in
			 the file of the inmate within five working days of the cancellation.
(3) Furloughs already in progress may be
			 terminated by the Commissioner or institution Superintendent upon receipt of
			 information that the inmate has violated the terms of
			 103 CMR
			 463.00 or for other good cause as determined by the
			 Superintendent or Commissioner.