reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 411.00 - Deduction From Sentence Policy › Section 411.16 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of
				103 CMR 411.00 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
				411.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 420.00 - Classification › Section 420.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				103 CMR
				420.00 is to establish rules and procedures which
				govern the Department of Correction (DOC or Department) inmate classification
				system.
				103 CMR
				420.00 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 420.00 - Classification › Section 420.04 - Access to 103 CMR 420.00

Current through Register 1525, July 5, 2024
103 CMR
				420.00 shall be maintained within the Central Policy
				File of the DOC and will be accessible to all DOC employees. A copy of
				103 CMR
				420.00 shall also be maintained in each
				Superintendent's Central Policy File and at each inmate library. Internet
				access for
				103 CMR
				420.00 can be obtained at:
				http://www.mass.gov/eopps/law-enforce-and-cj/prisons/doc-policies.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 420.00 - Classification › Section 420.06 - Classification System Goals and Objectives

Current through Register 1525, July 5, 2024
The primary goals of the Massachusetts DOC classification
				process are to promote public safety and the responsible reintegration of
				inmates. To achieve these goals, the classification process shall objectively
				assess the inmate's custody requirements and programmatic needs and match those
				to the appropriate security level in a manner that minimizes the potential for
				escape, prison violence, and inmate misconduct. In doing so, the DOC will
				incorporate the following objectives:
(a) Rationally use a reliable, validated set
			 of variables to support classification decisions.
(b) Place inmates in the level of security
			 required to ensure protection of the public, correctional staff, themselves,
			 and other inmates.
(c) Promote,
			 successful reintegration to a law abiding and productive community
			 life.
(d) Involve inmates in
			 determining individualized appropriate goals.
(e) Establish a fair and equitable mechanism
			 for inmates to appeal classification recommendations.
(f) Maximize the use of factual and
			 quantifiable data to make decisions and to facilitate research.
(g) Share information with other criminal
			 justice agencies for the purpose of enhancing public safety.
(h) Establish both centralized and
			 decentralized quality control, monitoring and evaluation of the classification
			 process to ensure that it continues to meet its primary goals and these stated
			 objectives.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 420.00 - Classification › Section 420.07 - Initial Classification Process

Current through Register 1525, July 5, 2024
(1) Upon
			 commitment to the DOC, each inmate shall be admitted to a Reception Center or
			 assigned by the Commissioner or designee to an institution where the inmate
			 shall undergo an initial classification process. The process shall provide an
			 opportunity for the Reception Center staff members to become acquainted with
			 each inmate through individual assessment, testing, and structured interviews.
			 In instances where language barriers exist, the Telephone Interpreter Service
			 shall be used, and its use documented. Moreover, hearing impaired inmates may
			 request a hearing impaired interpreter pursuant to the procedures set forth in
			 103 DOC 408:
Reasonable Accommodations for Inmates,
available
			 at: http://www.mass.gov/eopss/law-enforcement-and-cj/prisons/doc-policies. The
			 initial classification process shall normally be completed within four weeks of
			 admission except in unusual circumstances which may include, but are not
			 limited to:
(a) Lack of data necessary to
			 conduct the hearing
(i.e.
problems with
mittimus,
inmate sentence listing with date calculation, OV,
			 CJIS checks, and adjustment information on prior incarcerations/awaiting
			 trial);
(b) Intervening
			 medical/mental health placement;
(c) Female inmates waiting to complete the
			 First Step Program at MCI-Framingham.
In cases where the initial classification has been delayed, a
				board shall be scheduled as soon as possible, but no later than 90 days from
				admission when the board shall proceed on the basis of all available
				information.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 420.00 - Classification › Section 420.08 - Reclassification Reviews and Hearings

Current through Register 1525, July 5, 2024
(1)
Frequency
.
(a) The
			 reclassification process begins with an Internal Classification Status Review,
			 which shall be completed at least annually for each inmate by a CPO.
(b) Inmates housed in the DDU, or a secure
			 treatment unit while serving their DDU sanction, shall receive an Internal
			 Classification Status Review within 14 days of admission and approximately 60
			 days prior to their projected discharge in addition to the annual Internal
			 Classification Status Review.
(c)
Classification Schedule for Minimum and Pre-release
.
			 All inmates transferred to minimum or pre-release security shall have an
			 Internal Classification Status Review completed within 14 days of
			 admission.
(d)
Inmates
			 with Parole Reserve Dates
. Any inmate who receives a parole
			 reserve date contingent upon completing a specified time in a lower level of
			 security shall be reviewed in accordance with
			 103 CMR 420.07(1)
			 and (4)(a) through (k) within 30 days of
			 receipt of the Parole Board's decision.
(e) Inmates diagnosed with Gender Dysphoria
			 shall be classified in accordance with 103 DOC 652:
Identification,
			 Treatment and Correctional Management of Inmates Diagnosed with Gender
			 Dysphoria.
(f)
Request for an Early Reclassification Review Date
. An
			 inmate may request a hearing or review earlier than scheduled by submitting a
			 written request to the Institutional Director of Classification or designee at
			 the institution in which the inmate is housed. This request should include the
			 reason for the request and any other pertinent information. Upon receipt of
			 such a request, the Institutional Director of Classification or designee shall
			 review pertinent information, and make a recommendation to the Superintendent
			 or designee whether or not an earlier reclassification hearing is warranted.
			 The inmate shall be informed of the Superintendent or designee's decision in
			 writing by institutional personnel.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 420.00 - Classification › Section 420.10 - Time Limits

Current through Register 1525, July 5, 2024
(1) All procedural
			 time limits set forth in
			 103 CMR
			 420.00 are directory and may be waived by the
			 Superintendent or the Commissioner or their designees.
(2) Initial classification and
			 reclassification may be delayed when:
(a) an
			 inmate is on remand status;
(b) an
			 inmate is being held on an Interstate Agreement on Detainers (IAD);
(c) an inmate is admitted to an infirmary or
			 hospital;
(d) an inmate is awaiting
			 medical clearance;
(e) an inmate is
			 admitted to a state hospital or the Massachusetts Treatment Center;
			 or
(f) an inmate is awaiting action
			 on SMU status.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 420.00 - Classification › Section 420.11 - Inmate Transfer

Current through Register 1525, July 5, 2024
Whenever an inmate has been approved for transfer through the
				appropriate classification process, the inmate shall be transferred in
				accordance with 103 DOC 461:
Inmate Transfer,
available at:
				http://www.mass.gov/eopss/law-enforcement-and-cj/prisons/doc-policies. Nothing
				in
				103 CMR
				420.00 is intended to limit, in any way, the
				discretion of the Commissioner to transfer an inmate pursuant to M.G.L. c. 127,
				§ 97A.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 420.00 - Classification › Section 420.12 - Audits

Current through Register 1525, July 5, 2024
The Assistant Deputy Commissioner of Reentry or designee will
				be responsible for conducting regular audits of the classification system.
				These audits shall include, at a minimum, the override rate, accuracy of IMS
				generated review dates, appeals and personalized program
				plan.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 420.00 - Classification › Section 420.13 - Inmates Held in Other Jurisdictions

Current through Register 1525, July 5, 2024
(1) State
			 inmates being held in out of state or federal facilities shall be reviewed in
			 accordance with the classification procedures and guidelines of the
			 jurisdictions in which they are being held.
(2) State inmates held in county facilities
			 in Massachusetts may be reviewed in accordance with the classification
			 procedure and guidelines of the jurisdiction in which they are being held or
			 shall be reviewed in accordance with
			 103 CMR
			 420.00 to the extent possible given available
			 technology and resources.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 420.00 - Classification › Section 420.14 - Emergency

Current through Register 1525, July 5, 2024
Whenever, in the opinion of the Commissioner or designee, or
				the Superintendent of a state correctional facility, an emergency exists which
				requires suspension of all or part of
				103 CMR
				420.00, the Commissioner or designee or the
				Superintendent 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 420.00 - Classification › Section 420.15 - Responsible Staff

Current through Register 1525, July 5, 2024
The Deputy Commissioner of Clinical Services and Reentry shall
				be responsible for implementing and monitoring
				103 CMR
				420.00 throughout the Department. The Superintendent
				of each correctional institution shall be responsible for implementing and
				monitoring compliance with
				103 CMR
				420.00 within the institution.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 420.00 - Classification › Section 420.16 - Annual Review

Current through Register 1525, July 5, 2024
103 CMR
				420.00 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 420.00 - Classification › Section 420.17 - Severability

Current through Register 1525, July 5, 2024
If an article, section, subsection, sentence, clause or phrase
				of
				103 CMR
				420.00 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
				420.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				130 CMR 421.000 is to
				establish rules whereby an inmate may be confined to a Departmental Segregation
				Unit because his continued presence in a general institution population would
				be detrimental to the program of the institution.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.02 - Statutory Authorization

Current through Register 1525, July 5, 2024
103 CMR 421.000 is issued pursuant to M.G.L. c. 124,
				§§ 1(b) and (q) and M.G.L. c. 127, § 39.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.03 - Cancellation

Current through Register 1525, July 5, 2024
Except for
				103 CMR
				420.00, this order cancels all previous Commissioner's
				bulletins or other departmental or institutional references regarding transfer
				and release of inmates from departmental segregation units and procedures for
				the operation of such units.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.05 - Access to Regulations

Current through Register 1525, July 5, 2024
This policy shall be maintained within the Central Policy File
				of the Department and shall be accessible to all Department Employees. A copy
				of this policy shall also 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 421.00 - Departmental Segregation Units › Section 421.06 - Definitions

Current through Register 1525, July 5, 2024
Awaiting Action in Restrictive
				Confinement
- A restricted area or areas designated by a
				superintendent or by the Commissioner in which an inmate who has been referred
				to the DSU Board or is awaiting a final transfer decision by the Commissioner
				regarding placement in DSU may be confined. An inmate who has been classified
				to a DSU but is awaiting placement in a DSU may also be temporarily housed in
				this area. An awaiting action area shall not be used as a substitute for a
				DSU.
Correction Counselor
- A non-clinical
				case manager assigned to a unit or otherwise distinct population of the
				Department of Correction.
Commissioner
- The Commissioner of
				Correction.
Departmental Segregation Unit [DSU]
-
				An area or areas in a state correctional facility designated by the
				Commissioner for any inmate segregated pursuant to
				103 CMR
				421.09 through
				421.17.
DSU Board
- A board appointed by the
				Commissioner for a definite or indefinite term and consisting of three members,
				one of whom he shall designate as chairperson. Once appointed, the board is
				empowered to recommend an inmate for placement in a DSU or another
				Massachusetts or out-of-state institution regardless of his location.
Substantial Evidence
- Evidence on
				which reasonable persons are accustomed to rely in the conduct of serious
				affairs.
Superintendent
- The chief
				administrative officer of a state correctional institution.
Weekday
- Monday through Friday,
				excluding holidays.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.07 - Referral to a DSU Board

Current through Register 1525, July 5, 2024
(1) An inmate may
			 be referred to a DSU Board for possible transfer to a DSU by the Commissioner
			 or his designee if there is a reasonable basis to believe that the inmate
			 satisfies the criteria set forth in
			 103 CMR
			 421.09. A referral to, or placement in, a DSU
			 is not permitted for disciplinary reasons.
(2) Notwithstanding any rule or regulation of
			 the Department to the contrary, an inmate shall not be referred to a DSU board
			 for committing a specific punishable offense unless a disciplinary board has
			 found him guilty of such offense and has imposed a sanction pursuant to
			 103 CMR
			 430.00:
Disciplinary
			 Proceedings
.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.08 - Placement on Awaiting Action Status in Restrictive Confinement

Current through Register 1525, July 5, 2024
(1) At the discretion of the Superintendent
			 or his designee, an inmate who has been referred to a DSU board pursuant to
			 103 CMR
			 421.07 or is awaiting a final transfer
			 decision by the Commissioner regarding placement in a DSU may be placed on
			 awaiting action in restrictive confinement at the institution where he is then
			 confined, or transferred to another Massachusetts institution or an
			 out-of-state institution prior to his DSU hearing.
(2) Placement on awaiting action in
			 restrictive confinement may never be a substitute for placement in a
			 DSU.
(3) An inmate must be afforded
			 a segregation unit hearing or released within 15 days after placement in
			 awaiting action in restrictive confinement. However, when a prisoner who is in
			 awaiting action is under investigation for a possible disciplinary offense or
			 has been charged with a disciplinary offense, this period may be extended to 30
			 days. The foregoing time limits of this paragraph may be exceeded only in
			 extraordinary circumstances, and for no longer than necessary. Whenever an
			 inmate has spent 15 days on awaiting action in restrictive confinement, he
			 shall be immediately reviewed, and every 15 days thereafter. If his retention
			 in awaiting action is approved by the Commissioner or his designee, the
			 decision shall be in writing and an explanation of the decision shall be served
			 on the inmate, which shall include an estimate of how much longer he will
			 remain in awaiting action in restrictive confinement and the reason(s) why. Any
			 time spent in awaiting action beyond the above-stated 15 or 30 day time limits
			 shall be credited to the period of the inmate's DSU confinement.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.09 - Placement or Retention of an Inmate in a DSU

Current through Register 1525, July 5, 2024
An inmate may be placed or retained in a DSU only after a
				finding by the Commissioner based on substantial evidence that, if confined in
				the general population of any state correctional facility:
(1) The inmate poses a substantial threat to
			 the safety of others; or
(2) The
			 inmate poses a substantial threat of damaging or destroying property;
			 or
(3) The inmate poses a
			 substantial threat to the operation of a state correctional facility.
An inmate may be placed or retained in a segregation unit only
				for administrative, and not for disciplinary, reasons.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.10 - Proceedings Before the DSU Board

Current through Register 1525, July 5, 2024
(1) Within
			 five weekdays of the referral of an inmate to a DSU board, the inmate's
			 correction counselor shall prepare, provide the board, and serve on the inmate
			 a written referral summary which shall include the following:
(a) the specific aspects of the inmate's
			 record or other information which the board may consider. These may include the
			 inmate's disciplinary record, past criminal record, prison records from past
			 institutionalization, psychological makeup, involvement in criminal activity
			 while incarcerated, attitude toward authority, institutional record on work
			 assignments, adjustment to institutional programs, willingness and ability to
			 live with other inmates, record of violent reactions to stressful situations,
			 habitual conduct or language of a type likely to cause difficult management
			 problems, out standing criminal investigations.
(b) the names of any witnesses whom the
			 presenting officer may call to testify; and
(c) copies of any documents which will be
			 introduced.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.11 - Assistance and Representation of Inmates and the Recording of Proceedings

Current through Register 1525, July 5, 2024
(1) Prior to the hearing, the inmate's
			 correctional counselor shall be available to discuss all aspects of the written
			 referral summary, and all matters which may be relevant to the DSU hearing. The
			 correctional counselor shall also provide upon request those portions of the
			 inmate's file which may be disclosed consistent with
			 103 CMR 157.00:
Access to and Dissemination of Evaluative
			 Information
.
(2) The
			 inmate may be represented by an attorney or a law student at the hearing. It
			 shall be the inmate's responsibility to secure such representation and he shall
			 be allowed to make, or have made on his behalf, any telephone call(s) necessary
			 for that purpose. An inmate's representative may thereafter request a
			 continuance. The correctional counselor shall make a reasonable effort, but
			 shall not be obligated, to schedule a hearing in accordance with the scheduling
			 requirements of the representative. The inmate's representative shall be
			 entitled to make an amended request for the presence of witnesses, provided
			 that in ordinary circumstances such an amended request is communicated to the
			 correctional counselor one weekday prior to the scheduled time for the
			 hearing.
(3) When an inmate is
			 illiterate or non-English speaking, or when the issues presented are complex,
			 the correctional counselor shall recommend, and the Superintendent shall
			 appoint, a staff member to assist the inmate in preparing and presenting the
			 inmate's position at the hearing if the inmate is unable to secure legal
			 representation.
(4) An inmate shall
			 be permitted to request that the board record the hearing and the board shall
			 then do so. At the close of the hearing, the tape shall be delivered to the
			 Superintendent or his designee for safekeeping. The inmate or his
			 representative shall have access to the tape for reference, and upon request
			 shall be provided with a duplicate tape at the inmate's expense, or if the
			 inmate is indigent at no charge. The duplicate tape may be made either at the
			 hearing or thereafter from the original tape. Tapes shall be held in
			 safekeeping for one year or until a duplicate has been provided to the inmate
			 or his representative, whichever is shorter. In no event shall tapes be held
			 for a period shorter than required by the Records Conservation Board, M.G.L. c.
			 66.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.12 - The DSU Board's General Powers

Current through Register 1525, July 5, 2024
(1)
			 The chairperson of the DSU board shall govern the conduct of every phase of a
			 hearing before the board including, but not limited to, the application of 103
			 CMR 421.000 and the conduct of all parties before the board.
(2) The members of the DSU board shall be
			 impartial. The inmate may challenge the impartiality of any member of the board
			 at the beginning of the hearing. The inmate shall address his objection to the
			 chairperson and shall state his reasons for believing the board member not to
			 be impartial. The chairperson shall determine if the inmate has stated
			 substantial reasons to support his claim unless the inmate challenges the
			 impartiality of the chairperson, in which case the other, unchallenged member
			 or members of the board shall determine if the inmate has stated a substantial
			 reason to support the claim. A substantial reason would be, for example, where
			 a member of the board has witnessed an event in issue. If a member has been
			 removed from the board, the Commissioner or his designee shall designate a
			 replacement as soon as practicable.
(3) The DSU board shall not be bound by the
			 rules of evidence observed by the courts of the Commonwealth.
(4) All parties, counsel, witnesses and other
			 persons present at a hearing shall conduct themselves in a professional manner
			 consistent with the standards of decorum commonly observed in the courts of the
			 Commonwealth. The chairperson may take whatever actions are appropriate and
			 necessary to insure the proper conduct of any participant.
(5) All findings of fact and any decision
			 shall be made upon a majority vote of the board.
(6) Only members of the DSU board shall be
			 present during the deliberations and other executive sessions of the board,
			 except as provided for in
			 103 CMR
			 421.14.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.13 - Fact Finding Aspects of Hearing Before DSU Board

Current through Register 1525, July 5, 2024
(1) The chairperson shall conduct a fact
			 finding hearing at which time the correctional counselor may testify and
			 submit, personally or through other witnesses, written, oral or physical
			 evidence. At the discretion of the chairperson, the hearing may be continued in
			 order to call additional witnesses who will be disclosed to the inmate at the
			 time of the continuance. All evidence considered by the board shall be
			 introduced in the presence of the inmate except informant information, which
			 shall be introduced in accordance with the provisions of
			 103 CMR
			 421.14.
(2) The inmate shall be allowed to confront
			 and cross-examine the correctional counselor or any witness presented, with the
			 exception of informants as provided in
			 103 CMR
			 421.14. Specific inquiry may be limited,
			 however, as to matters which the chairperson deems:
(a) Hazardous to personal safety or
			 institutional security;
(b)
			 Irrelevant to placement or retention of the inmate in the DSU;
(c) Cumulative or repetitive. In the
			 discretion of the chairperson, testimony may be deemed cumulative or repetitive
			 if contained in the record of a prior DSU hearing or disciplinary hearing, or
			 if capable of having been introduced at a disciplinary hearing.
Testimony shall be accepted as relevant if it relates to the
				inmate's recent good conduct, or to any circumstances which tend to explain or
				mitigate conduct which the board is considering.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.14 - Procedures for the Use of Informant Information

Current through Register 1525, July 5, 2024
The DSU board may consider documentary evidence or testimony
				involving informant information which is not introduced in the presence of the
				inmate or his representative. The board is not required to interview the
				informant in person, and may receive the informant's evidence as oral or
				written hearsay. Such evidence may be considered only if the board has:
(1) Made a finding that the informant is
			 reliable and that the information is credible. This finding shall be included
			 in the record and shall contain the following information:
(a) the facts upon which the board based its
			 conclusion that the informant was reliable and that the information was
			 credible;
(b) any evidence tending
			 to impeach the informant's credibility; and
(c) a statement of the information provided
			 by the informant which is as specific as possible. No information need be
			 provided which would create a substantial risk of disclosing the identity of
			 the informant. The statement shall demonstrate that the informant had personal
			 knowledge of the information provided.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.15 - Deliberation and Decision by the DSU Board

Current through Register 1525, July 5, 2024
(1)
			 After the close of the presentation of the evidence, the DSU board shall meet
			 in executive session to decide whether to recommend that the Commissioner
			 remove the inmate from the general institutional population and place him in
			 another Massachusetts or out-of-state facility, or place or retain the inmate
			 in the DSU. A recommendation to place or retain the inmate in the DSU shall be
			 based on substantial evidence that, if confined in the general population of
			 any state correctional facility, the inmate would pose a substantial threat as
			 set forth in
			 103 CMR
			 421.09(1)(a) through (c).
			 The board shall thereafter return and orally notify the inmate of its
			 decision.
(2) Within two weekdays
			 after the hearing, the board shall serve a written decision on the inmate. The
			 written decision shall contain the following:
(a) A description of the specific evidence
			 relied upon;
(b) A particularized
			 statement of the reason(s) for the decision. The statement shall explain why
			 the placement or retention of the inmate in a DSU is for administrative and not
			 disciplinary reasons;
(c) If
			 placement or retention in a DSU is contemplated:
1. a conditional release date based on the
			 specific aspects of the inmate's record and other information on which the
			 recommendation is based, including any mitigating information. Conditional
			 release dates shall not exceed six months except in the most extraordinary
			 circumstances. The information may include the factors set forth in
			 103 CMR
			 421.10(1)(a); and
2. conditions that are specifically related
			 to the administrative reasons for the placement or retention. If the inmate
			 meets these conditions he shall be released from the DSU unless a new DSU
			 referral has been made. Conditions may include the inmate's successful
			 participation in specified counseling or evaluation programs, his completion of
			 work assignments, remaining free of disciplinary reports, cooperation with
			 correctional personnel, and maintenance of cell and sanitation
			 standards;
(d) Where the
			 board has considered informant information, the findings required by
			 103 CMR
			 421.14; and
(e) A notice of the inmate's right to appeal
			 and to submit written objections within five days of the inmate's receipt of
			 the board's written decision. Any appeal and objections should be addressed to
			 the Associate Commissioner of Programs, Treatment and Classification, and
			 submitted by the inmate or his representative to a staff person. The staff
			 person shall deliver them to the correctional counselor before the close of his
			 tour of duty. The correctional counselor shall promptly submit the name of any
			 inmate who has filed an appeal to the Associate Commissioner of Programs,
			 Treatment and Classification.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.16 - Review by the Associate Commissioner of Programs, Treatment & Classification

Current through Register 1525, July 5, 2024
No less than five and no more than ten weekdays after the
				inmate's receipt of the board's recommendation, the Associate Commissioner
				shall approve the recommendation of the board, or make his own recommendations
				concerning the placement of the inmate in a DSU and any conditional release
				date. Any written statement or objections timely filed by the inmate pursuant
				to
				103 CMR
				421.15(2)(e)  shall be
				attached to this recommendation.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.17 - Appeal and Decision by the Commissioner

Current through Register 1525, July 5, 2024
Whether or not an appeal has been taken, the Commissioner or
				his designee shall review and act upon the recommendation of the board within
				five weekdays after review by the Associate Commissioner of Programs,
				Treatment, and Classification. The Commissioner's action shall be based upon
				substantial evidence in the record of the hearing. In the event that the
				Commissioner makes a finding pursuant to
				103 CMR
				421.09, the Commissioner shall serve upon the
				inmate a written decision which shall contain the information required by
				103 CMR
				421.15(2)(a) through (c).
				The Commissioner may sustain and adopt the recommendation in its entirety,
				shorten, modify or lengthen the conditional release date, order a rehearing, or
				entirely reject a recommendation of placement in a DSU or another Massachusetts
				or out-of-state facility. The Commissioner shall specify and explain any
				aspects of his decision and reasoning which are different from those of the DSU
				Board. If the Commissioner decides that, contrary to the DSU board's
				recommendation, out-of-state or federal placement is warranted, the
				Commissioner shall allow the inmate five days from receipt of the
				Commissioner's written decision in which to file a written statement or
				objections pursuant to
				103 CMR
				421.15(2)(e).
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.18 - Review of DSU Status

Current through Register 1525, July 5, 2024
Every inmate in a DSU shall be reviewed at 90 day intervals in
				accordance with the standards and procedures set forth in
				103 CMR
				421.09 through
				421.17.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.19 - Admission Process and Continuing Evaluation

Current through Register 1525, July 5, 2024
(1)
Admission
			 Process
.
(a) The DSU
			 administrator shall enter into a log book all admissions to the DSU. Entries
			 shall include the name of each inmate so admitted, his DSU number, the date
			 admitted, and the date of the initial 90 day review as required by
			 103 CMR
			 421.18.
(b) The DSU administrator or his designee
			 shall open and maintain a file on each inmate who is transferred to a DSU. This
			 file shall contain any monthly review reports, disciplinary reports, and any
			 other material relating to the inmate during his confinement in the
			 DSU.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.20 - Operating Procedures

Current through Register 1525, July 5, 2024
The DSU administrator shall, subject to the approval of the
				Commissioner, establish procedures for the operation of the DSU within 30 days
				of the date that the Commissioner designates an area as a DSU. Copies of 103
				CMR 421.20 through
				421.21 relating to
				operating procedures and programs shall be given to each inmate transferred to
				a DSU. The procedures shall cover the following areas:
(1)
Security and
			 Control
.
(a)
Movement
			 Within the Departmental Segregation Unit
. Procedures shall provide
			 for when inmates may be released from their cells and how they are to be
			 supervised, the number of inmates to be permitted out of their cells at any one
			 time, and for visitation of inmates.
(b)
Searches and
			 Seizures
. Procedures shall provide for searching an inmate or his
			 cell, times for conducting a search, searching of clothing, laundry or other
			 property, and for the inventory and storage of any property of the inmate which
			 is held or confiscated as a result of a search.
(c)
Inspections
.
			 Procedures shall provide for daily tours of inspection by the unit
			 administrator and other officers, and the logging of times of inspections and
			 any observations.
(d)
Log Books
. Log books shall be maintained which
			 include: the names of employees on duty during each shift, all special orders
			 of the DSU administrator, the names of all persons entering and leaving the
			 unit, as well as a summary of any events of significance to officers on the
			 subsequent shifts. There shall be special log books for recording the
			 activities of each inmate. Employees shall familiarize themselves with entries
			 in log books each day.
(e)
Disciplinary Offenses
. Where an inmate is charged with
			 a punishable offense by the DSU administrator or other employee of the unit,
			 such person shall promptly prepare and submit disciplinary reports to the
			 disciplinary officer of the state correctional facility pursuant to
			 103 CMR
			 430.00
et seq
. Appropriate security
			 measures may be taken prior to the preparation of such reports.
(f) Maintenance. Procedures shall provide for
			 repairs to be made by maintenance employees, especially repairs which will keep
			 cells well-lighted, well-heated and ventilated, and will keep sinks and toilets
			 operable, and for the inventorying and accounting of all tools and materials
			 that are brought into or taken out of the unit.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.21 - Programs

Current through Register 1525, July 5, 2024
Programs shall be the same as are provided to inmates in the
				general population, except as inconsistent with the security needs of the DSU.
				An emphasis shall be placed upon making individualized rehabilitative
				programming available which has as its goal the return of inmates to the
				general population. Such opportunities shall be provided whenever feasible, and
				may be used to assess whether an inmate is appropriate for less restrictive
				confinement.
(1)
Counseling Programs
. Counseling sessions shall be
			 arranged upon the request of an inmate confined in a DSU. Counseling shall be
			 coordinated between a correctional counselor assigned to the inmate and a staff
			 member of the Psychological Services of the Department of Correction who shall
			 supervise the counseling of such inmate.
(2)
Education
			 Programs
. Education programs may include individual tutoring,
			 correspondence courses, and wherever appropriate, participation in education
			 programs at such other places designated by the superintendent of the state
			 correctional facility.
(3)
Employment Programs
. Employment programs may include
			 working within the DSU, and wherever appropriate, working in such other places
			 designated by the superintendent of the state correctional facility. The DSU
			 administrator, after considering space and security requirements, may permit an
			 inmate to pursue an avocational interest.
(4)
Furloughs
. An
			 inmate may apply for a furlough and the fact of his confinement in the
			 departmental segregation unit shall not automatically preclude him from
			 receiving a furlough. An inmate may apply to the DSU administrator for
			 consideration in accordance with
			 103 CMR
			 463.00:
Furloughs.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.22 - Reports to the Commissioner

Current through Register 1525, July 5, 2024
The DSU administrator shall prepare a monthly report on the
				operation of the departmental segregation unit. This report shall be submitted
				by the 15th day of the following month to the Commissioner of Correction with a
				copy to the Deputy Commissioner and the superintendent of the state
				correctional facility.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.25 - Review Date

Current through Register 1525, July 5, 2024
This policy shall be reviewed at least annually from the
				effective date by the Commissioner or his 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.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 421.00 - Departmental Segregation Units › Section 421.26 - Severability Clause

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of 103 CMR 421.000 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 this policy.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 423.00 - Restrictive Housing › Section 423.02 - Authorization

Current through Register 1525, July 5, 2024
103 CMR 423.00 is issued pursuant to M.G.L. c. 124, § 1(c)
				and (q); M.G.L. c. 127, §§ 39, 39A, 39B, 39C, 39E, 39F and 39H. 103
				CMR 423.00 is not intended to confer any procedural or substantive rights not
				otherwise granted by state or federal law, or any private cause of
				action.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 423.00 - Restrictive Housing › Section 423.04 - Applicability

Current through Register 1525, July 5, 2024
103 CMR 423.00 governs non-disciplinary Restrictive Housing.
				103 CMR 423.00 does not apply to:
(a)
			 the placement of inmates in the Department Disciplinary Unit (DDU);
(b) the placement of inmates on disciplinary
			 detention;
(c) the placement of
			 inmates in non-Restrictive Housing; and
(d) Bridgewater State Hospital and the
			 Bridgewater State Hospital state sentenced patient units at the Old Colony
			 Correctional Center; and civilly committed persons at the Massachusetts Alcohol
			 and Substance Abuse Treatment Center (MASAC). The placement of inmates in the
			 DDU and the placement of inmates on disciplinary detention shall be governed by
			 103 CMR 430.00:
Inmate Discipline
. Placement Reviews of
			 inmates serving DDU and/or Disciplinary Detention sanctions shall be governed
			 by 103 CMR 430.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 423.00 - Restrictive Housing › Section 423.05 - Access to 103 CMR 423.00

Current through Register 1525, July 5, 2024
103 CMR 423.00 shall be maintained within the Department of
				Correction's central policy file, in each institution's central policy file, in
				each institution's inmate law library, and shall be made available to the
				public.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 423.00 - Restrictive Housing › Section 423.07 - Establishment of Restrictive Housing Units

Current through Register 1525, July 5, 2024
The Commissioner may designate an area or areas within maximum
				and medium security correctional institutions for Restrictive Housing
				consistent with the purposes set forth in 103 CMR 423.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 423.00 - Restrictive Housing › Section 423.08 - Restrictive Housing Placement and Limitations on Placement in Restrictive Housing

Current through Register 1525, July 5, 2024
The Superintendent of a state correctional facility or designee
				may authorize the confinement of an inmate in Restrictive Housing if the
				inmate's retention in general population poses an unacceptable risk:
(a) to the safety of others;
(b) of damage or destruction of property;
			 or
(c) to the operation of a
			 correctional facility.
Before placement in Restrictive Housing, an inmate shall be
				screened by a Qualified Mental Health Professional to determine if the inmate
				has a serious mental illness (SMI) or to determine if Restrictive Housing is
				otherwise clinically contraindicated based on clinical standards adopted by the
				Department of Correction, with said standards adopted in consultation with the
				Department of Mental Health, and the Qualified Mental Health Professional's
				clinical judgment. Additional mental health procedures and treatment attendant
				to Restrictive Housing placement shall comport with the requirements set forth
				in 103 DOC 650:
Mental Health Services
. Additionally, prior to
				or immediately upon placement in Restrictive Housing, the inmate shall be
				screened by medical staff. Screening by medical staff shall include a
				determination of any medical contraindications to Restrictive Housing,
				including the existence of a permanent physical disability that precludes
				placement in Restrictive Housing, in which the inmate shall not be placed in
				Restrictive Housing. This screening shall be documented and placed in the
				inmate's medical record. This shall be documented on the RHU Inmate Information
				screen.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 423.00 - Restrictive Housing › Section 423.09 - Restrictive Housing Reviews

Current through Register 1525, July 5, 2024
The fact that an inmate is lesbian, gay, bisexual, transgender,
				queer or intersex or has a gender identity or expression or sexual orientation
				uncommon in general population shall not be grounds for placement in
				Restrictive Housing.
A pregnant inmate shall not be placed in Restrictive
				Housing.
In accordance with 103 DOC 422.05:
Transfer to Awaiting
				Action Status
, an inmate who is classified to a Department protective
				custody unit/Special Housing Unit may be placed in Restrictive Housing for
				reasons unrelated to protective custody needs for a period that shall not
				exceed 45 days, unless the Commissioner personally approves a further period or
				periods of not more than 15 days. In no event shall the total amount of time on
				Restrictive Housing status for such inmate exceed 90 days.
An inmate with an anticipated release date (release from the
				custody of the Department) of less than 120 days shall not be held in
				Restrictive Housing unless:
(a) the
			 placement in Restrictive Housing is limited to not more than five days;
			 or
(b) the inmate poses a
			 substantial and immediate threat.
When an inmate in Restrictive Housing is expected to be
				released to the community within 40 days, any continued retention of the inmate
				in Restrictive Housing must be authorized by the Deputy Commissioner of Prisons
				or designee. When the inmate is released to the community directly from
				Restrictive Housing, the release shall be documented in an incident report
				indicating the approving authority for the continued placement in Restrictive
				Housing, the detailed release plan, and the required notifications provided in
				accordance with 103 DOC 493:
Reentry Policy
, 103 DOC 407:
Victim Service Unit
, and 103 DOC 404:
Inmate Release
				Policy
. The requirements of this paragraph do not apply to immediate
				court-ordered releases.
(1)
All Inmates in Restrictive Housing
. During normal
			 business hours, the Shift Commander may order the immediate removal of an
			 inmate from general population to Restrictive Housing. This action will be
			 approved, denied, or modified within 24 hours by the Superintendent or
			 designee. During non-business hours, the Shift Commander may order the removal
			 of an inmate from general population to Restrictive Housing and the institution
			 duty officer shall be the reviewing authority.
(a) Once an inmate is placed in Restrictive
			 Housing, the inmate's status shall be reviewed by the Placement Review
			 Committee every Monday, Wednesday and Friday. At each Placement Review, the
			 Placement Review Committee shall determine whether:
1. the inmate's placement in Restrictive
			 Housing is reasonably expected to last more than 60 days;
2. continued placement in Restrictive Housing
			 is appropriate;
3. transfer to a
			 Secure Adjustment Unit is appropriate; or
4. release from Restrictive Housing is
			 appropriate.