reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 485.00 - Volunteers And Volunteer Programs › Section 485.14 - Entrance to Correctional Institutions

Current through Register 1525, July 5, 2024
(1)
			 All volunteers shall, upon entering the institution, complete the visitor's log
			 in full and then present a valid driver's license or similar photo
			 identification to the Shift Commander or the Officer in Charge.
(2) Applicable laws, rules, and regulations
			 governing the entrance of a person to a correctional institution shall be
			 applicable to volunteers.
(3) Any
			 questions by institutional personnel regarding the entrance of a volunteer or
			 volunteer program into the correctional institution shall be immediately
			 referred to their Institutional Volunteer Services Coordinator. The
			 Institutional Volunteer Services Coordinator shall attempt to resolve any
			 concerns as soon as possible.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 485.00 - Volunteers And Volunteer Programs › Section 485.15 - Security

Current through Register 1525, July 5, 2024
(1) The Superintendent or a designee may
			 assign such institutional personnel as deemed appropriate to volunteers and
			 volunteer programs.
(2) Applicable
			 laws, rules, and regulations governing persons employed by or visiting a state
			 correctional institution shall be applicable to all volunteers.
(3) In an emergency, or where there is an
			 alleged violation of a rule or regulation of the correctional institution or of
			 a criminal statute, an officer may, with the approval of the Shift Commander or
			 OIC, order that a volunteer temporarily leave the correctional institution. In
			 such cases, the Institutional Volunteer Services Coordinator or a designee
			 shall notify the volunteer, or the coordinator of the volunteer program, as
			 soon as possible regarding the status of said volunteer or volunteer program.
			 The Institutional Volunteer Services Coordinator shall also submit a written
			 recommendation to the Superintendent regarding the continued presence of the
			 volunteer or volunteer program in the correctional institution as soon as
			 possible.
(4) Where the
			 Superintendent or a designee, after reviewing the recommendation of the
			 Institutional Volunteer Services Coordinator, rescinds the approval of the
			 volunteer or volunteer program,
			 103 CMR
			 485.08 shall be fully applicable.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 485.00 - Volunteers And Volunteer Programs › Section 485.16 - Rescission of Approval for Volunteers and Volunteer Programs

Current through Register 1525, July 5, 2024
(1) A Superintendent or a designee may deny
			 any volunteer or volunteer program entrance to the facility. A Superintendent
			 or a designee may rescind the approval of a volunteer or a volunteer program
			 under circumstances that include, but are not limited to, the following:
(a) When the volunteer or a volunteer program
			 does not adequately fulfill his/her/its stated purposes;
(b) When a rule or regulation of the
			 correctional institution or a criminal statute or a court order has been
			 violated;
(c) When there is
			 reliable evidence that the continued presence of the volunteer or the volunteer
			 program in the correctional institution would present a threat to the security
			 or orderly running of the institution.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 485.00 - Volunteers And Volunteer Programs › Section 485.17 - Responsible Staff

Current through Register 1525, July 5, 2024
(1) The Deputy
			 Commissioner of Clinical Services and Reentry is the reviewing authority for
			 103 CMR 485.17 and shall ensure that all volunteer programs are reviewed and
			 evaluated annually.
(2) The
			 Director of Program Services shall be responsible for the implementation and
			 monitoring of
			 103 CMR 485.00 throughout
			 the Department.
(3) Each
			 Institutional Volunteer Services Coordinator, under the supervision of the
			 Superintendent, shall be responsible for the implementation and monitoring of
			 103 CMR 485.00 at the
			 institution.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 485.00 - Volunteers And Volunteer Programs › Section 485.18 - Annual Review

Current through Register 1525, July 5, 2024
103 CMR 485.00 shall be
				reviewed at least annually from the effective date 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 the
				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 485.00 - Volunteers And Volunteer Programs › Section 485.19 - Severability Clause

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or
				phrase, of
				103 CMR 485.00 is for any
				reason held to be unconstitutional, contrary to state, 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
				485.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 486.00 - Attorney Access At Massachusetts Correctional Institutions › Section 486.01 - Purpose

Current through Register 1525, July 5, 2024
103 CMR 486.00 is designed
				to facilitate inmate access to legal counsel.
				103 CMR 486.00 sets forth
				standards for access to inmates afforded to attorneys, law students,
				paralegals, private investigators and interpreters and shall not be construed
				to prohibit the superintendent of any state correctional facility from granting
				additional access under appropriate circumstances.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 486.00 - Attorney Access At Massachusetts Correctional Institutions › Section 486.02 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR 486.00 cancels all
				previous Department of Correction (Department) or institution policy
				statements, rules or regulations relating to access to inmates by attorneys,
				law students, paralegals, private investigators or interpreters if such policy
				statements, rules or regulations are inconsistent with
				103 CMR
				486.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 486.00 - Attorney Access At Massachusetts Correctional Institutions › Section 486.04 - Access

Current through Register 1525, July 5, 2024
103 CMR 486.00 shall be
				maintained in the central policy file of the Department and shall be accessible
				to all Department employees. A copy of
				103 CMR 486.00 shall also be
				maintained in each superintendent's central policy file, in each inmate
				library, and available upon request at the lobby of each correctional
				institution.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 486.00 - Attorney Access At Massachusetts Correctional Institutions › Section 486.05 - Definitions

Current through Register 1525, July 5, 2024
Attorney
. Any active member of the bar
				of Massachusetts or any other jurisdiction, state or federal, who is in good
				standing, or any law school graduate who is practicing pursuant to
				Massachusetts Supreme Judicial Court Rule 3:03, and who represents, seeks to
				represent, or wishes to meet with, an inmate at a Massachusetts Correctional
				Institution for pending or potential litigation purposes or for the purposes of
				an administrative hearing.
Inmates Housed Apart from the General
				Population
. Any inmate in administrative separate confinement or
				segregation as a result of Departmental classification or hospital confinement.
Interpreter.
Any person screened
				and/or certified by the Massachusetts Trial Court Office of Court Interpreter
				Services who converts spoken, written or sign language statements from one
				language to another.
Law Student
. Any person enrolled in an
				accredited law school.
Non-contact Visit
. A one-on-one
				meeting between an attorney and an inmate with an opportunity for
				conversational privacy, eye-contact, and the ability to exchange court
				documents and legal materials with the assistance of correctional staff, but
				without an opportunity for physical contact.
Paralegal.
Any person who works on
				legal and related matters under the authorization and supervision of an
				attorney as defined in 103 CMR 486.05:
Attorney
.
Pat Down Search
. A clothed search of
				an individual limited to the pressing of hands against the outer surface of an
				individual's clothing, including the interior of pockets, as well as inspection
				of an individual's hair or hairpiece. It does not include the removal of any of
				the person's clothing except footwear, accessories (
e.g.
,
				belts, scarves,
etc
.) and outer garments
				(
e.g
., sweaters, blazers, suit jackets, coats, hats,
etc
.), which may be inspected upon such removal.
Private Investigator
. A person who is
				licensed pursuant to M.G.L. c. 147, § 25 or is exempt from said licensing
				requirements pursuant to M.G.L. c. 147, § 23, and is engaged in business
				as a private detective, private investigator, or investigator, and who is
				either working under the authorization and supervision of an attorney, or on a
				verified pro se litigation, or has been appointed to an active legal matter by
				a court of competent jurisdiction.
Reasonable Suspicion
. Specific,
				articulable facts and circumstances that warrant a rational inference by a
				person with correctional experience that a visitor may be engaged in,
				attempting to engage in, or about to engage in, criminal or other prohibited
				activity. Triggering a metal detection device alone, does not create reasonable
				suspicion, but may be considered in determining whether reasonable suspicion
				exists.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 486.00 - Attorney Access At Massachusetts Correctional Institutions › Section 486.06 - General Requirements

Current through Register 1525, July 5, 2024
(1) An attorney
			 shall be entitled to access as provided in
			 103 CMR 486.00 for the
			 purpose of establishing or furthering an attorney/client relationship or for
			 the purpose of interviewing a witness for pending or potential litigation or an
			 administrative hearing in which the attorney represents a party, in each case
			 if the inmate with whom he or she wishes to visit agrees to such a visit. An
			 attorney may be required to identify the purpose of a visit as conforming to
			 the specifications of the foregoing sentence but shall not be required to
			 disclose the purpose of a visit or the nature of his or her business in any
			 greater detail.
(2) A law student
			 shall be entitled to access as provided in
			 103 CMR 486.00 for the
			 purposes specified in 103 CMR 486.06(1), if the law student is working under
			 the authorization and supervision of an attorney, provided:
(a) that said law student has at least three
			 business days prior to the first intended visit to an institution, supplied to
			 the institution a letter signed by the dean, a member of the dean's staff, the
			 registrar or a member of the registrar's staff, of the student's law school
			 identifying the student as enrolled at that law school; and
(b) the dean, a member of the dean's staff,
			 the registrar or a member of the registrar's staff, has confirmed the letter
			 when telephoned by an employee of the institution.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 486.00 - Attorney Access At Massachusetts Correctional Institutions › Section 486.08 - Requirements for Visiting Inmates

Current through Register 1525, July 5, 2024
(1)
Requirements for Visiting Inmates Housed in the General
			 Population
.
(a) Attorneys shall
			 be permitted to visit inmates housed in the general population during
			 institutional visiting hours for inmates and upon one hour notice at any other
			 time between the hours of 9:00 A.M. and 8:30 P.M.
(b) If not accompanied by an attorney, law
			 students, paralegals, and private investigators shall be permitted to visit
			 inmates housed in the general population during institutional visiting hours
			 for those inmates.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 486.00 - Attorney Access At Massachusetts Correctional Institutions › Section 486.09 - Legal Papers and Materials

Current through Register 1525, July 5, 2024
(1) Attorneys, law
			 students, paralegals, and private investigators shall be permitted to carry
			 legal papers and legal writing materials into the attorney/inmate interview
			 area. Said legal papers and materials shall be subject to inspection for
			 contraband by institutional personnel but shall not be read or
			 copied.
(2) Attorneys, law
			 students, paralegals, or private investigators shall be permitted to leave
			 legal papers or legal documents with inmates; however, excessive amounts of
			 legal papers or legal documents may be required to be processed through the
			 institutional property office. Legal papers or legal documents given to an
			 attorney, law student or a paralegal by an inmate shall be subject to
			 inspection for contraband by institutional personnel following the visit but
			 shall not be read or copied.
(3)
			 Attorneys, law students, paralegals, and private investigators shall be
			 permitted to carry cameras, tape recorders and tapes, CDs and DVDs into the
			 attorney/inmate interview area for use during an interview. All such
			 audio/video playback equipment shall be subject to inspection for contraband by
			 institutional personnel. Attorneys, law students, paralegals, and private
			 investigators shall take all tapes, CDs and/or DVDs out of the institution with
			 them. State-issued laptops for institutional use may be made available upon
			 request with advance notice to, and approval by, the superintendent or his or
			 her designee. Audio and/or video recording is prohibited.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 486.00 - Attorney Access At Massachusetts Correctional Institutions › Section 486.10 - Emergencies

Current through Register 1525, July 5, 2024
(1) When an emergency exists within an
			 institution, the superintendent or his or her designee may temporarily
			 terminate visits by attorneys, law students, paralegals and private
			 investigators.
(2) When visits are
			 temporarily terminated, in accordance with 103 CMR 486.10(1), attorneys, law
			 students, paralegals and private investigators shall be informed as soon as
			 possible of the expected duration of the emergency.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 486.00 - Attorney Access At Massachusetts Correctional Institutions › Section 486.11 - Annual Review

Current through Register 1525, July 5, 2024
103 CMR 486.00 shall be
				reviewed at least annually by the Commissioner or his or her designee. The
				party or parties conducting the review shall develop a memorandum to the
				Commissioner with a copy to the Central Policy File recommending revisions,
				additions, or deletions.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 486.00 - Attorney Access At Massachusetts Correctional Institutions › Section 486.12 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of
				103 CMR 486.00 is for any
				reason held by a court of competent jurisdiction 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
				486.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				103 CMR
				491.00 is to establish rules and procedures governing
				the filing and resolution of inmate grievances. It is the policy of the
				Department of Correction (Department) that every individual committed to its
				custody shall have access to an internal grievance mechanism that provides a
				forum for the fair and impartial resolution of legitimate inmate complaints.
				The inmate grievance process is a non-adversarial administrative process which
				promotes problem resolution and provides inmates with a means to address their
				concerns in a responsible manner, thus enhancing skills for successful reentry.
				The grievance process also provides Department administrators with a vital
				management tool by enhancing awareness of developing trends and specific
				problems, thus providing an opportunity to improve institutional functions
				affecting the prison environment.
				103 CMR
				491.00 is not intended to confer any procedural or
				substantive rights or any private cause of action not otherwise granted by
				state or federal law.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.02 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR
				491.00 cancels all previous Department and institution
				policy statements, bulletins, directives, orders, notices, rules or regulations
				regarding inmate grievances.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.04 - Access to Regulation

Current through Register 1525, July 5, 2024
(1)
								103 CMR
			 491.00 shall be maintained within the Central Policy
			 File and shall be accessible to all Department employees. A copy of
			 103 CMR
			 491.00 shall also be maintained in each
			 Superintendent's Central Policy File and at each inmate library, including all
			 inmate law libraries.
(2)
			 Appropriate Department personnel shall verbally notify each new inmate
			 commitment and incoming inmate transfer of Department and Institution Grievance
			 and Step 1 Complaint Resolution Procedures during the inmate's orientation.
			 Moreover, appropriate Department personnel shall notify each new inmate
			 commitment and incoming inmate transfer of Department and Institution
			 Grievances and Informal Complaint procedures in writing through the orientation
			 handbook in accordance with 103 DOC 401:
Booking and
			 Admissions
. Written notification shall include, but is not limited to,
			 location where
			 103 CMR
			 491.00, is maintained, the location where grievance
			 and grievance appeal forms may be obtained, and the location to deposit/mail
			 grievances.
			 103 CMR
			 491.00 grievance forms, institution procedures, and
			 orientation handbooks shall be available in both English and Spanish.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.05 - Definitions

Current through Register 1525, July 5, 2024
Abuse of the Grievance Process
. Abuse
				of the grievance process includes, but is not limited to, the filing of
				repetitive grievances addressing the same issue where the required time frames
				have not elapsed or where a final decision has already been rendered; the
				filing of an excessive number of frivolous grievances; the appeal of a
				grievance settled in the inmate's favor; the submission of knowingly false
				documents; the intentional filing of emergency grievances that are not
				emergencies; or repetitive grievances concerning issues not grievable under
				103 CMR
				491.00.
Appellate Authority
. Staff members
				responsible for rendering grievance appeal decisions.
Assistant Deputy Commissioner of
				Communications
. The administrator appointed by the Commissioner
				who is responsible for overseeing the inmate complaint and grievance
				processes.
Business Day
. Monday through Friday,
				excluding holidays.
Department Grievance Manager
. The
				staff person who oversees the daily management and operation of the inmate
				grievance process and who may act as an appellate authority for grievances. The
				Department Grievance Manager shall report directly to the Assistant Deputy
				Commissioner of Communications.
Emergency Grievance
. Grievance
				processed in an expedited manner to resolve an issue in which a delay may cause
				substantial risk of personal injury or other damages.
Grievance
. A written complaint filed
				by an inmate on the inmate's own behalf on the prescribed form in accordance
				with
				103 CMR
				491.00.
Grievant
. Any Department inmate who
				files a grievance on his or her own behalf in accordance with
				103 CMR
				491.00.
Inmate Management System (IMS)
. The
				Department's automated information system that provides processing, storage,
				and retrieval of inmate-related information needed by the Department.
Institutional Grievance Coordinator
				(IGC)
. Staff persons responsible for rendering grievance
				decisions, and for coordinating the operation of the grievance procedure, at
				the institutional level.
Step 1 Informal Complaint Form
. A form
				utilized in the informal resolution process by which inmates may make a request
				or complaint to staff.
Step 1 Informal Complaint Resolution
				Process
. The process inmates must utilize as a first step to
				resolve their complaints prior to submitting a formal grievance.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.06 - Institution Procedures

Current through Register 1525, July 5, 2024
The Superintendent of each institution shall develop and
				implement written institutional procedures in accordance with
				103 CMR
				491.00. Procedures shall specifically address
				103 CMR
				491.04,
				491.07,
				491.09,
				491.12(4),
				and
				491.20(2)(a).
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.07 - Inmate Access to the Grievance Process

Current through Register 1525, July 5, 2024
(1)
			 All inmates shall have equal access to the grievance process. Whenever
			 necessary, provisions shall be made to ensure access for the impaired or
			 disabled, illiterate, and/or those with language barriers. Appropriate
			 provisions, including, but not limited to, the use of a staff interpreter shall
			 be made for those inmates who do not adequately read, speak, or understand
			 English. Inmates may utilize the telephone interpreter service in accordance
			 with 103 DOC 488:
Telephonic Interpreter Service
, available at
			 each inmate library and on the Department's website at
http://www.mass.gov/doc/policy
.
			 Inmates shall not be utilized as translators. Use of an interpreter or any
			 other provisions shall be documented in the applicable IMS Grievance screen.
			 Whenever an extension of a time frame is necessary to secure the services and
			 accommodations of
			 103 CMR
			 491.00, it shall be granted in accordance with
			 103 CMR
			 491.17.
(2) Inmates shall have unimpeded access to
			 grievance and appeal forms. Forms shall be readily available to all inmates,
			 regardless of housing unit. Inmates may obtain a grievance or appeal form from
			 locations and staff designated by the superintendent. The superintendent shall
			 ensure that grievance and appeal forms are available in all general population
			 housing units. Inmates housed elsewhere shall be provided forms upon request.
			 Additionally, inmates on a mental health watch shall be provided forms upon
			 request, provided there is no contraindication pursuant to the mental health
			 watch order. Under no circumstances shall a grievance or appeal form be
			 withheld from an inmate.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.08 - Reprisals

Current through Register 1525, July 5, 2024
Inmates shall have the right to utilize the grievance process
				without fear of reprisal. Retaliation against, or harassment of, anyone
				participating in the resolution or investigation of a grievance, by anyone,
				including, but not limited to, a staff member, contract staff member, a vendor,
				volunteer, and/or inmate, shall not be tolerated.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.09 - Informal Resolution

Current through Register 1525, July 5, 2024
(1) The grievance
			 process is a mechanism to address complaints and is not the appropriate forum
			 to make routine requests.
(2) The
			 Step 1 Informal Complaint Resolution Process is the preferred mechanism for the
			 resolution of inmate complaints. Effective communication between institution
			 staff and inmates is essential. Most requests and complaints can be addressed
			 easily and quickly through direct communication. Inmates shall attempt to
			 address issues at the lowest institutional level possible. Inmates shall
			 express their complaints in a respectful, constructive manner. Staff awareness
			 as to the need for prompt attention and response to these issues is essential
			 and will minimize the use of formal grievance procedures.
(3) Pursuant to the Department Step 1
			 Informal Complaint Resolution Standard Operating Procedures, each institution
			 shall maintain an informal complaint resolution process which shall include,
			 but not be limited to, the utilization of the standardized informal complaint
			 form. The Step 1 Informal Complaint Resolution Standard Operating Procedures is
			 available at each inmate library and on the Department's website at
			 http://www.gov/doc/policy, attached to
			 103 CMR
			 491.00.
(4) While inmates are encouraged to utilize
			 various available avenues for addressing complaints before submitting an
			 informal complaint form, as indicated in the Step 1 Informal Complaint
			 Resolution Standard Operating Procedures, they shall not be penalized for
			 failing to do so. Inmates are required, however, to utilize the Step 1 Informal
			 Complaint Form process before filing a grievance.
(5) Utilization of the Step 1 Informal
			 Complaint Resolution process is not required for:
(a) Emergency grievances, which shall be
			 submitted and processed pursuant to
			 103 CMR
			 491.16.
(b) Staff misconduct allegations, which shall
			 be filed and reviewed administratively pursuant to the 103 DOC 522:
Internal Affairs Unit Policy
.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.10 - Staffing Requirements

Current through Register 1525, July 5, 2024
(1) The Institution
			 Grievance Coordinator shall be impartial and may not simultaneously hold any
			 other position that may present a potential conflict of interest, including,
			 but not limited to, property or mail officer.
(2) The Superintendent, in consultation with
			 the Department Grievance Manager, shall appoint the Institution Grievance
			 Coordinator.
The Institution Grievance Coordinator shall report directly to
				the Superintendent.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.11 - General Requirements

Current through Register 1525, July 5, 2024
(1) The following
			 issues are not grievable under
			 103 CMR
			 491.00:
(a) Any
			 decision or recommendation for which there is an existing appeal mechanism,
			 including, but not limited to, classification, disciplinary decisions and
			 recommendations, observation of behavior report decisions and recommendations,
			 decisions and recommendations concerning therapeutic diets, religious
			 practices, and medical or clinical decisions related to an inmate's physical or
			 mental condition, as the medical contractor is required to maintain its own
			 grievance procedure, however, matters concerning access to medical or mental
			 health care are grievable.
(b)
			 Requests for reasonable accommodations, as they may be requested pursuant to
			 103 DOC 408:
Special Accommodations for Inmates
, available at
			 each inmate library and on the Department's website at
http://mass.gov/doc/policy
.
			 However, matters concerning access to approved reasonable accommodations are
			 grievable;
(c) Specific incidents
			 that have already been grieved and where a final decision has been
			 rendered;
(d) Matters that are in
			 the course of litigation are not grievable;
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.12 - Grievance and Appellate Decisions

Current through Register 1525, July 5, 2024
The IGC shall render decisions on grievances. The
				Superintendent shall serve as the appellate authority. When a grievance
				pertains to the grievance policy, institution grievance procedures, application
				of the grievance process, or other matters that, in the opinion of the
				Superintendent, present a potential conflict of interest, the Superintendent
				may designate an alternate IGC to investigate and/or render the grievance
				decision.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.13 - Sexual Abuse Grievances

Current through Register 1525, July 5, 2024
(1) Time limits
			 established in
			 103 CMR 491.14(1)
			  shall not apply to grievances alleging
			 sexual abuse.
(2) Inmates shall not
			 be required to exhaust informal processes with regard to allegations of sexual
			 abuse.
(3) Inmates shall submit
			 grievances regarding sexual assault/abuse in accordance with 103 CMR 491.13(4).
			 An inmate shall not be required to submit their grievance to a staff member who
			 is the subject of the grievance.
(4) All grievances containing allegations of
			 sexual assault/abuse for inmate on inmate allegations will be investigated in
			 accordance with 103 DOC 519:
Sexually Abusive Behavior Prevention and
			 Intervention
. Staff on inmate allegations will be addressed in
			 accordance with 103 DOC 522:
Internal Affairs Unit
, and/or 103
			 DOC 519. Additionally, whenever a grievance pertaining to sexual abuse has been
			 referred for investigation, inmates will be notified of the action taken within
			 the grievance decision. A separate response from the Commissioner's designee
			 will be provided upon conclusion of the indicated investigation.
(5) Allegations of sexual abuse reported by
			 third parties, including, but not limited to, other inmates, staff members,
			 family members, attorneys, and outside advocates, shall be addressed in
			 accordance with 103 DOC 519:
Sexually Abusive Behavior Prevention and
			 Intervention
and/or 103 DOC 522:
Internal Affairs
			 Unit
. The Department of Correction shall document if an inmate
			 declines to have the request processed on his or her behalf.
(6) Whenever an inmate files an emergency
			 grievance alleging that he or she is at a substantial risk of imminent sexual
			 abuse, the grievance shall be responded to within 48 hours of receipt.
			 Emergency grievance appeals shall be responded to within five calendar days of
			 receipt. Responding staff should take into consideration weekends and holidays
			 and shall respond on the business day prior to the weekend and/or holiday when
			 necessary to ensure timely response. No timeframe extensions shall be
			 authorized for grievance and grievance appeal responses for sexual abuse
			 grievances.
(7) During non-business
			 hours, inmates shall report allegations of sexual abuse verbally to institution
			 staff, who shall promptly report the allegations to the Shift Commander. Upon
			 receipt of information that an inmate has been sexually abused, the Shift
			 Commander shall ensure that proper protocol is followed in order to protect the
			 potential victim and preserve any evidence.
(8) The absence of a grievance response after
			 six months shall be deemed a denial of the grievance.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.14 - Filing a Grievance

Current through Register 1525, July 5, 2024
(1) An inmate shall
			 file a grievance within ten business days of the receipt of the step 1 informal
			 complaint decision.
(2) Inmates
			 shall submit grievances by utilizing the designated form. Forms should be
			 legible, presented in a courteous manner and should include:
(a) the date submitted;
(b) the date the incident occurred;
(c) the name of the institution where the
			 incident occurred;
(d) a complete
			 statement of the facts relevant to the grievance. Statements should be brief
			 and include only that information that is necessary to support the
			 grievance;
(e) the remedy being
			 requested;
(f) the inmate's
			 signature; and
(g) the step 1
			 informal complaint form.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.17 - Extension of Time Periods

Current through Register 1525, July 5, 2024
(1) The time
			 periods for filing a grievance may be extended by ten business days and the
			 time period for responding to a grievance may be extended by ten business days
			 if the IGC or superintendent determines that the initial period is insufficient
			 to make an appropriate decision or if the inmate presents a legitimate reason
			 for requesting an extension. Unless extenuating circumstances exist, the time
			 frame for filing a grievance shall not exceed 20 business days and the time
			 frame for responding to a grievance shall not exceed 30 business
			 days.
(2) The time period for
			 filing an appeal may be extended by ten business days and the time period for
			 responding to an appeal may be extended by 30 business days if the appellate
			 authority determines that the initial period is insufficient to make an
			 appropriate decision or if the inmate presents a legitimate reason for
			 requesting an extension. Unless extenuating circumstances exist, the time frame
			 for filing an appeal shall not exceed 20 business days and the time frame for
			 responding to an appeal shall not exceed 60 business days.
(3) The extension periods for responding to
			 emergency grievances and appeals may be extended by a like period of time if
			 the individual responsible for rendering the decision determines that the
			 initial period is insufficient to make an appropriate decision or if the inmate
			 presents a legitimate reason for requesting an extension. Unless extenuating
			 circumstances exist, one additional extension may be granted at the expiration
			 of the initial extension period if the need still exists. Due to the nature of
			 emergency grievances, every effort shall be made to file and respond to
			 emergency grievances within the timeframes outlined in
			 103 CMR
			 491.00.
(4) Extension information shall be documented
			 in the applicable IMS Grievance screen and a written notice of all extensions
			 shall be provided to the grievant on the applicable form.
(5) An inmate's request for an extension
			 shall be submitted in writing.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.18 - Emergency Grievances

Current through Register 1525, July 5, 2024
(1) The inmate
			 grievance process is intended to address a wide range of issues, however, it is
			 not meant to address safety issues of immediate and urgent concern. When faced
			 with a serious incident of this nature, the inmate should contact the nearest
			 staff member for immediate assistance.
(2) An inmate may, however, file an emergency
			 grievance when the inmate believes the grievance involves an issue for which a
			 delay in resolution may cause a substantial risk of immediate harm to any
			 person or destruction of personal property. Emergency grievances shall be
			 plainly marked on the grievance form as "EMERGENCY".
(3) An inmate shall not be required to submit
			 a step 1 informal complaint form prior to filing an emergency
			 grievance.
(4) Upon receipt of an
			 emergency grievance, the IGC shall immediately contact the Superintendent or
			 designee, as indicated in institution procedures, who shall evaluate the
			 grievance to determine whether an emergency exists. When a grievance is marked
			 "EMERGENCY" the inmate shall be notified
via
the applicable
			 form if the matter is determined not be an emergency. Unless the inmate is
			 suspended from filing grievances pursuant to
			 103 CMR
			 491.21, the inmate shall be advised that the
			 grievance may be processed pursuant to
			 103 CMR
			 491.15.
(5) Emergency grievances shall be processed
			 in the same manner as other grievances, except that the decision shall be
			 rendered within three business days of the filing of the grievance. The
			 emergency designation shall be documented in the IMS grievance Decision/Details
			 screen.
(6) Emergency grievance
			 appeals shall be reviewed by the appellate authority in accordance with
			 103 CMR 491.16.
			 The appellate authority shall respond to emergency grievance appeals within
			 five business days from the receipt of the appeal.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.19 - Grievance Withdrawals

Current through Register 1525, July 5, 2024
Inmates wishing to withdraw a grievance or grievance appeal
				before a decision is rendered, should submit a grievance/appeal withdrawal form
				to the IGC or appellate authority indicating why they have withdrawn their
				grievance or grievance appeal. All withdrawals shall be voluntary. The
				withdrawal shall be documented in the IMS Grievance Details/Decision or
				Grievance Appeal/Decision screen. The original withdrawal form shall be
				maintained on file by the IGC.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.20 - Property and Monetary Resolutions

Current through Register 1525, July 5, 2024
(1) All
			 proposed property or monetary resolutions resulting from grievances or appeals
			 are to be approved by the Superintendent or Department Grievance Manager on the
			 appropriate Resolution Agreement form before offering the inmate a resolution.
			 The IGC shall ensure that the physical description and monetary value is noted
			 on the form prior to proposing the settlement to the Superintendent or
			 Department Grievance Manager.
(2)
			 When an inmate accepts a resolution offer, the inmate shall sign the Resolution
			 Agreement form acknowledging same. Once signed, the decision shall be
			 considered final and may not be appealed. All settlements shall be documented
			 in the IMS Grievance Details/Decision screen.
(3) An inmate's refusal to sign the form
			 shall be documented on the Resolution Agreement and in the applicable IMS
			 Grievance Details/Decision screen, and the resolution offered shall be
			 considered withdrawn.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.21 - Abuse of the Grievance Process

Current through Register 1525, July 5, 2024
(1) All
			 grievances must be presented in good faith and for good cause. Inmates shall
			 not deliberately misuse the grievance process.
(2) Inmates who misuse the grievance process
			 by filing any combination of five or more non-grievable, clearly frivolous,
			 and/or repetitious grievances in 180 consecutive day period are subject to
			 suspension of grievance privileges and/or disciplinary action.
(3) Inmates who misuse the grievance process
			 by knowingly submitting false documents, intentionally and in bad faith
			 misrepresenting or omitting material information or utilizing threatening or
			 abusive language or language that otherwise constitutes a violation of
			 103 CMR
			 430.00:
Inmate Discipline
, are
			 subject to suspension of grievance privileges and/or disciplinary
			 action.
(4) An inmate who files
			 five or more grievances in a week or 20 or more grievances in any 180
			 consecutive day period may be determined to be abusing the grievance procedure.
			 However, abuse shall not be determined solely on the number of grievances. The
			 assessment shall also take into consideration the nature of the grievances and
			 whether or not any other abuse factors identified in 103 CMR 491.21
			 exist.
(5) An inmate may be limited
			 to not more than ten active grievances that are pending decision at any level
			 at any one time, not including any emergency grievances.
(6) Abuse of the grievance process shall be
			 determined by the Superintendent where the inmate is housed. Upon a
			 determination of abuse, limitations on the inmate's ability to file grievances
			 may be imposed as follows:
(a) Suspension of
			 the inmate's ability to file grievances for a length of time commensurate with
			 the degree of abuse.
(b) The length
			 of suspension may be up to six months and may be increased for second and
			 subsequent offenses in increments not to exceed six months.
(c) Inmates under suspension shall normally
			 be allowed to file emergency grievances.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.22 - Evaluation of the Grievance Process

Current through Register 1525, July 5, 2024
(1)
Reporting Requirements
.
(a) The superintendent of each institution
			 shall ensure that monthly and annual reports are submitted to the Department
			 Grievance Manager. The reports shall include statistical information as well as
			 evaluative comments regarding the grievance process at the
			 institution.
(b) The Department
			 Grievance Manager shall collect and analyze the quantity and nature of all
			 grievances filed departmentally on a monthly and annual basis in order to
			 evaluate the effectiveness of the inmate grievance process. The report shall
			 include statistical information as well as evaluative comments and shall be
			 submitted to the Assistant Deputy Commissioner of Communications. The Assistant
			 Deputy Commissioner of Communications shall review the reports to identify
			 trends or emerging problems and determine if any corrective action is
			 needed.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.23 - Record Keeping

Current through Register 1525, July 5, 2024
(1) All grievance
			 records shall be considered confidential and shall not be filed in the inmate's
			 six-part folder.
(2) IMS is the
			 primary, permanent record of inmate grievances. The assignment of profiles and
			 access to the Grievance module screens shall be limited and based on a need to
			 know basis. Access and use shall be in accordance with 103 DOC 751:
Information Technology and Security
.
(3) The original handwritten grievance and
			 appeal forms submitted by the inmate and all non-IMS supporting documents shall
			 be maintained in the IGC's file.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.24 - Emergencies

Current through Register 1525, July 5, 2024
Whenever, in the opinion of the Commissioner, Deputy
				Commissioner or the Superintendent of a state correctional institution, an
				emergency exists which requires suspension of all or part of
				103 CMR
				491.00, a suspension may be ordered, except that any
				such suspension lasting beyond 48 hours must be authorized by the
				Commissioner.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.25 - Responsible Staff

Current through Register 1525, July 5, 2024
The Superintendent of each institution, the Assistant Deputy
				Commissioner of Communications and the Department Grievance Manager shall
				implement and monitor
				103 CMR
				491.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.26 - Annual Review

Current through Register 1525, July 5, 2024
The Commissioner or a designee shall review at least annually
				103 CMR
				491.00. 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 491.00 - Inmate Grievances › Section 491.27 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of
				103 CMR
				491.00 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
				491.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				103 CMR
				505.00 is to establish principles and rules governing
				the use of force by Department of Correction (Department or DOC)
				employees.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.02 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR
				505.00 cancels all previous Department policy
				statements, bulletins, directives, orders, notices, or regulations on the use
				of force to the extent they are inconsistent with
				103 CMR
				505.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.03 - Applicability

Current through Register 1525, July 5, 2024
103 CMR
				505.00 is applicable to all employees of the
				Department, and all Department institutions; however,
				103 CMR
				505.00 shall not apply to the Bridgewater State
				Hospital (BSH) or the Massachusetts Alcohol and Substance Abuse Center
				(MASAC).
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.04 - Access to Regulation

Current through Register 1525, July 5, 2024
103 CMR
				505.00 shall be maintained within the Central Policy
				File of the Department and shall be accessible to all Department employees. A
				copy of
				103 CMR
				505.00 shall also be maintained in each
				Superintendent's Central Policy File and at each inmate library and shall be
				accessible to all inmates.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 505.00 - Use Of Force › Section 505.05 - Responsible Staff for Implementing and Monitoring Regulation

Current through Register 1525, July 5, 2024
The staff responsible for monitoring and implementing
				103 CMR
				505.00 are:
(a) Commissioner;
(b) Deputy Commissioners;
(c) Assistant Deputy Commissioners;
(d) Superintendents;
(e) Division Heads.