Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 411.00 - Deduction From Sentence Policy › Section 411.10 - Procedures for Granting Deductions

Current through Register 1525, July 5, 2024
Earned good time will be updated on all state inmates and state
				inmates housed in county facilities in accordance with the schedule outlined in
				103 CMR 411.00.
At sites where IMS has been fully implemented, an inmate is
				enrolled in programs through the Programs Enrollment screen or in work through
				the Review and Assign Inmate screen. Program facilitators and work supervisors
				must enter attendance at the completion of each program or work session.
				Performance is rated and entered into IMS monthly by the program facilitators
				and work supervisors through the Performance Rating screen. Program
				supervisors, Industries Supervisors, and the work assignment officer must
				complete the credit approval screen for the prior month by the 6th
				  of the month. Additionally, for applicable programs, program
				supervisors shall complete the Good Time for Program Completion screen after
				the program facilitator has entered the inmate in the Program Discharge screen
				as successfully completing the program. For any earned good time awarded in
				error, deletion requests shall be forwarded to Technology Services through the
				Director of Treatment for Programs/Education and Work Assignments. For sites
				where IMS has not been fully implemented, the following procedures shall be
				followed:
(1) Supervisors of programs,
			 industrial instructors, or other personnel involved in supervising an inmate in
			 an approved program or activity shall, at the end of each month, prepare a
			 monthly program roster, listing all inmates who participated in that program or
			 activity for that month, rating performance as either satisfactory,
			 unsatisfactory or incomplete. Program rosters must be submitted to the
			 institutional record supervisor by the 15th day of
			 the following month and entered into the Earned Good Time Screen and authorized
			 by the end of that month. For earned time prior to December 1990, reference the
			 Deduction From Sentence Master Card.
(2) The institutional records supervisor or
			 designated staff shall provide an accurate Deduction from Sentence report for
			 each inmate at least annually. This information may be provided at more
			 frequent intervals at the discretion of the superintendent or his/her designee.
			 Each time an inmate is given an updated Deduction from Sentence report, or
			 other accurate date computation printout, it shall be documented in the
			 Deduction from Sentence tracking Log screen.
(3) Whenever an inmate transfers to a county
			 correctional facility, an earned time report must be issued, accompany the
			 transfer and will list all outstanding deductions for programs and activities
			 in which the inmate has participated satisfactorily.
(4) Subsequent earned time awarded to state
			 inmates in county facilities shall be awarded in accordance with
			 103 CMR 411.00, submitted to
			 the county, interstate and federal manager in the form of an approved roster
			 and entered into the computer system. On at least an annual basis the county
			 facility will be issued a computerized Deduction from Sentence report for each
			 inmate. Each time an inmate is given an updated Deduction from Sentence report,
			 or other accurate date computation printout, it shall be documented in the
			 Deduction from Sentence Tracking Log screen.
(5) The institutional records supervisor or
			 designee, shall at least 60 days prior to the projected discharge date of the
			 inmate submit to the superintendent or a designee a projected discharge date
			 which includes deductions for programs and activities in which the inmate
			 participated satisfactorily while confined. For purposes of
			 103 CMR 411.00 the projected
			 discharge date shall be computed by determining either the maximum date of
			 discharge with adjustments for M.G.L. c. 127, § 129C (camp time) and
			 § 129D (earned) deductions or the good conduct discharge date with
			 adjustments for M.G.L. c. 127, § 129 (statutory good time), c.127, §
			 129C (camp time), § 129D (earned) deductions, and forfeitures under M.G.L.
			 c. 127, § 129.
(6) An inmate
			 may earn good time for the final month of incarceration not to reduce the final
			 discharge date below the 15th day of the month of
			 discharge, presuming that the inmate will continue satisfactory participation
			 in present activities and programs. Although processed, these credits will only
			 be applied to the inmate's sentence upon confirmation of satisfactory
			 participation in the activity or program. These credits shall be noted in the
			 Process Order screen - Discharge Information tab in the "other" field. This
			 should be considered the inmate's projected discharge date in the Preliminary
			 List Query screen.
(7) In the event
			 that an inmate challenges any deductions from sentence as recorded on the
			 Deduction from Sentence or other date computation report the inmate may submit
			 a written request for reconsideration. The request for reconsideration must be
			 submitted within ten business days from the date or receipt of the Deduction
			 from Sentence or other date computation report. Any request for reconsideration
			 must be submitted to the records supervisor at the institution where the earned
			 time is claimed to have been earned.
(8) Notwithstanding the fact that an inmate
			 serving a life sentence shall not be granted deductions from his sentence
			 unless the sentence is commuted or otherwise revised to a term of years, 103
			 CMR 411.10(1) through 411.10(7) shall apply. Any deductions granted shall be
			 kept in the inmate's file and may only be credited if such sentence is commuted
			 or otherwise revised to a term of years.