Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 403.00 - INMATE PROPERTY › Section 403.16 - Seized Inmate Property

Current through Register 1525, July 5, 2024
Any item of property removed by an officer from an inmate's
				living quarters shall be held as follows:
(1) Property which could be evidence in
			 disciplinary or criminal proceedings shall, by the end of the seizing officer's
			 tour of duty, be delivered to the Superintendent or his or her designee for
			 safekeeping or be delivered to the appropriate law enforcement
			 agency.
(2) Money orders, certified
			 checks, and bank checks, seized as contraband, which could be evidence in
			 disciplinary or criminal proceedings, shall be confiscated and delivered to the
			 appropriate law enforcement agency, or delivered to the Superintendent or his
			 or her designee for safekeeping for a period (not to exceed three years for
			 investigative purposes). If, after a disciplinary hearing, it has been found by
			 a preponderance of the evidence, and upon specific written findings, that the
			 money order(s), certified check(s), or bank check(s), were illicitly obtained
			 by the inmate, the money order(s), certified check(s), or bank check(s), shall
			 be retained for referral to the appropriate law enforcement agency, returned to
			 the sender if known, or disposed of pursuant to
			 103 CMR
			 403.15(1)(b)3. Under no
			 circumstances should money orders, certified checks, or bank checks, be
			 destroyed.
(3) All postage stamps
			 seized in conjunction with, but not limited to, disciplinary offenses
			 103 CMR 430.24:
Code of Offenses
(3-8), (3-14), (3-18), (4-1), and (4-3),
			 shall be deemed contraband and the stamps shall be immediately used for
			 indigent inmate mail purposes upon resolution of any disciplinary proceeding
			 where guilt is established. Under no circumstances should usable, unaltered
			 postage stamps be destroyed.
(4)
			 Except for money that is determined to belong to the inmate, but is in excess
			 of what is allowed, the disposal of which is governed by
			 103 CMR
			 405.14:
Disposal of Money Seized as
			 Contraband
, any money found in an inmate's possession shall be
			 confiscated as contraband and shall be retained for referral to the appropriate
			 law enforcement agency, returned to its rightful owner if known, placed in the
			 inmate benefit fund, or otherwise disposed of pursuant to
			 103 CMR
			 403.15(1)(b)3. Under no
			 circumstances should cash or coins be destroyed.
(5) All other property which has been removed
			 shall be forwarded to the Property Officer, who shall inventory and store such
			 property until such time as it is disposed of in accordance with
			 103 CMR
			 403.15.
(6) Whenever an inmate is discharged or
			 paroled, all items of the inmate's property which have been stored by the
			 institution shall be returned, except for those items properly seized pursuant
			 to
			 103 CMR 403.15(2)
			  and 403.16. Any such seized property items
			 shall be returned to the inmate upon resolution of any disciplinary and/or
			 criminal proceedings, except where items are contraband or in violation of the
			 rules and regulations of the institution or the Department, pursuant to
			 103 CMR 403.15(2)
			  and 403.16. The Property Officer shall check
			 each item of property including property retained in the living quarters,
			 against the inventory, noting on the inventory the date the property is
			 released to the inmate.
(7)
			 Whenever an inmate is transferred from one Department institution to another,
			 the sending institution shall ensure that the property transferring with the
			 inmate is not considered contraband for the receiving institution's security
			 level. If property items are considered contraband for the receiving
			 institution, then the sending institution's Property Department shall be
			 responsible for following the procedures set forth in
			 103 CMR
			 403.15.