reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 942.00 - County Correctional Facilities - Classification › Section 942.03 - Minimum Requirements in Classification (Required)

Current through Register 1525, July 5, 2024
The Classification Plan shall include written policy and
				procedure that require:
(1) Female
			 inmates shall be housed separately from and out of sight of male
			 inmates.
(2) Juveniles tried and
			 adjudicated as adults shall be managed separately from adult inmates.
(3) Awaiting trial inmates shall be housed
			 according to statute.
(4) Inmates
			 assessed as having special needs (mentally ill, drug addicts, handicapped,
			 emotionally disturbed, chronically ill) shall be managed, and where necessary,
			 housed separately.
(5) Inmates who,
			 because of their criminal record, the nature of the charges pending against
			 them, their behavior within the facility or other reliable and relevant
			 information, are determined to be a threat to persons, property, or the
			 security of the institution, or in need of protection from other inmates, shall
			 be housed separately from inmates in the general population in a living area
			 operated in accordance with suitable security procedures.
(6) Inmates shall not be segregated by
			 reasons of race, religion, political beliefs, or national origin.
(7) Inmates shall be classified in
			 appropriate levels of security which shall include, but not be limited to, the
			 following:
(a)
Maximum
			 Security
: A security level in which both the design/construction
			 as well as inmate classification reflect the need to provide maximum external
			 and internal control and supervision of inmates primarily through the use of
			 high security perimeters and extensive use of internal physical barriers and
			 check points. 103 CMR 942.03(7)(a) is applicable to all jail only
			 facilities.
(b)
Medium
			 Security
: A security level in which both the design/construction
			 as well as inmate classification reflect the goal of restoring to the inmates
			 some degree of responsibility and control of their own behavior and actions,
			 while still ensuring the safety of the staff and other inmates.
			 Design/construction is generally characterized by high security perimeters and
			 limited use of internal physical barriers.
(c)
Minimum
			 Security
: A security level in which both the design/construction
			 as well as inmate classification reflect the goal of returning to the inmate a
			 greater sense of personal responsibility and autonomy while still providing for
			 supervision and monitoring of behavior and activity. Design/construction is
			 generally characterized by limiting security to exterior building
			 walls.
(d)
Pre-release
			 Security
: A security level in which both design/construction as
			 well as inmate classification reflect the goal of restoring to the inmate the
			 maximum of responsibility and control of their own behavior and actions prior
			 to release. Design/construction is generally characterized by providing
			 monitoring abilities to the building exterior walls.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 942.00 - County Correctional Facilities - Classification › Section 942.04 - Procedure for Classification

Current through Register 1525, July 5, 2024
(1) The
			 Classification Plan shall include written policy and procedure directing
			 initial classification procedures to include, at a minimum, the following:
(a) Obtaining as much information about the
			 inmate upon admission as soon as possible, including solicited
			 pre-institutional assessment information, to become familiar with the inmate's
			 history and for designing an individual classification plan;
(b) Maintaining complete and accurate case
			 record information as required on each inmate for use during classification
			 hearings, decisions, ad reviews; and
(c) Assignment of a counselor/social worker
			 to each newly admitted inmate within 72 hours to ensure that appropriate intake
			 and admission procedures have been completed and to assist the inmate with
			 initial classification activities.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 942.00 - County Correctional Facilities - Classification › Section 942.05 - Appeal of Classification Decision

Current through Register 1525, July 5, 2024
The Classification Plan shall provide written policy and
				procedure for an appeal process to the Sheriff/facility administrator, or
				designee, which shall include:
(1) A
			 procedure for inmates to appeal to the facility administrator, or designee,
			 within five working days of receipt of the decision; and,
(2) A written response to the inmate's appeal
			 within ten working days of receipt of the appeal.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 942.00 - County Correctional Facilities - Classification › Section 942.06 - Staff Responsibilities

Current through Register 1525, July 5, 2024
The Classification Plan shall include written policy and
				procedure governing staff responsibilities and shall include, but not be
				limited to, the following:
(1) The
			 appointment of a classification director, or a designated staff member, who is
			 responsible for administering the Classification Plan;
(2) The facility administrator shall
			 designate appropriate, relevant, and trained staff from various areas of the
			 county correctional facility to serve as members of the Classification Board.
			 The Board shall consist of a minimum of three members, one of which is to be a
			 county correctional security staff;
(3) All staff with a need to know shall
			 receive orientation to the current Classification Plan, and staff responsible
			 for implementation of the plan shall be trained in the plan; and,
(4) Staff assistance shall be available to
			 inmates throughout the classification process.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 943.00 - County Correctional Facilities - Inmate Rules And Discipline › Section 943.01 - Inmate Disciplinary Plan

Current through Register 1525, July 5, 2024
(1) The
			 county correctional facility shall develop and implement a written plan for
			 inmate discipline. The plan shall include, but not be limited to, the following
			 elements:
(a) rules of inmate conduct and
			 penalties for violations;
(b)
			 placement in detention in awaiting action status;
(c) informal and formal disciplinary
			 procedures;
(d) disciplinary
			 hearing procedures;
(e) sanctions;
			 and
(f) appeal process.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 943.00 - County Correctional Facilities - Inmate Rules And Discipline › Section 943.02 - Disciplinary Personnel

Current through Register 1525, July 5, 2024
The Sheriff/facility administrator shall appoint one staff
				member as disciplinary officer to supervise and coordinate the procedures
				required by
				103 CMR 943.00 and the
				county correctional facility's written plan. The Sheriff/facility administrator
				shall appoint staff members to act as disciplinary hearing officers. These
				appointments may be for a definite or indefinite term and a special officer may
				be appointed for any disciplinary matter.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 943.00 - County Correctional Facilities - Inmate Rules And Discipline › Section 943.03 - Placement in Detention in Awaiting Action Status

Current through Register 1525, July 5, 2024
(1) The plan shall include procedures which
			 may authorize the placement of an inmate in detention in awaiting action
			 status, for the safety of the inmate or the security of the facility, pending:
(a) a hearing on a disciplinary
			 offense;
(b) an investigation of a
			 possible offense; or
(c) a transfer
			 or a reclassification of the inmate to a higher custody status. the reasons for
			 such detention shall be documented in writing.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 943.00 - County Correctional Facilities - Inmate Rules And Discipline › Section 943.04 - Informal Disciplinary Procedures

Current through Register 1525, July 5, 2024
The inmate discipline plan shall include written policy and
				procedure that provides for and governs the informal handling of disciplinary
				offenses. Such informal procedures shall not apply to offenses for which the
				sanction imposed may exceed one 72-hour period in room confinement or
				disciplinary detention and may include the loss of statutory good time. Such
				informal procedures shall include, but not be limited to, the following:
(1) Upon becoming aware of the rule
			 violation(s), the staff member may confront the inmate with the option of
			 proceeding informally or formally. If the inmate choses to proceed informally,
			 the staff member may impose a sanction involving the loss of privileges and/or
			 a period of room confinement up to but not exceeding one 72-hour period once
			 approved by a supervisor.
(2) The
			 incident and informal resolution shall be documented in a report submitted by
			 the staff person to the shift supervisor or other designated staff on the day
			 it occurs. Such report shall include the name of the inmate involved, the
			 housing unit, the rule infraction and sanction, including starting and ending
			 times, and shall be signed by the inmate and the reporting staff member. A copy
			 of the report shall be placed in the inmate's case files.
(3) The Sheriff/facility administrator shall
			 appoint a staff member (s) to review such reports and informal resolutions on a
			 regular and continuing basis to ensure their appropriateness and effectiveness
			 in promoting inmate discipline and the good order and safety of the
			 facility.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 943.00 - County Correctional Facilities - Inmate Rules And Discipline › Section 943.05 - Formal Disciplinary Procedures

Current through Register 1525, July 5, 2024
The inmate disciplinary plan shall include written policy and
				procedure that provides for and governs the formal handling of disciplinary
				offenses. Such formal procedures shall include, but not be limited to, the
				following requirements:
(1) When a
			 staff member has reason to believe that a disciplinary offense has been
			 committed by an inmate which, due to its nature, repetitiveness, possible
			 sanction, or the inmate's refusal of an informal procedure, requires formal
			 resolution, the staff member shall prepare a disciplinary report and forward it
			 to the designated supervisor(s) before completion of the tour of
			 duty.
(2) Disciplinary reports
			 prepared by staff members shall include, at a minimum, the following
			 information:
(a) the specific rule(s)
			 violated;
(b) a formal statement of
			 the charge(s);
(c) an explanation
			 of the event, including who was involved, what transpired, and the time and
			 location of occurrence;
(d) unusual
			 inmate behavior;
(e) staff, or
			 other, witness(es);
(f) disposition
			 of any physical evidence;
(g) any
			 immediate action taken, including the use of force; and
(h) reporting staff member's signature, and
			 date and time report is made.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 943.00 - County Correctional Facilities - Inmate Rules And Discipline › Section 943.06 - Procedures for Disciplinary Hearings

Current through Register 1525, July 5, 2024
The inmate disciplinary plan shall include written policy and
				procedure governing disciplinary hearings which shall include, but not be
				limited to, the following requirements:
(1) Disciplinary hearings shall be conducted
			 by an impartial hearing officer appointed by the Sheriff/facility
			 administrator.
(2) Disciplinary
			 hearing proceedings shall provide that:
(a)
			 inmates charged with rule violations are present at the hearing, unless they
			 waive the right in writing or through behavior; the waiver is
			 documented;
(b) inmates may be
			 excluded during the testimony of any inmate or other informant whose testimony
			 must be given in confidence and the reasons for the inmate's exclusion are
			 documented;
(c) the charged inmate
			 is given an opportunity to make a statement and present documentary evidence
			 and to request as a witness any person who has relevant and not unduly
			 cumulative information; such requests may be denied when the appearance of the
			 witness may jeopardize the life or safety of persons or the security or order
			 of the facility; reasons for such denial shall be stated in writing;
(d) if an inmate is illiterate or non-english
			 speaking, or when the issues presented are complex, the inmate shall be
			 afforded the assistance of a staff member designated by the Sheriff/facility
			 administrator or designee; and
(e)
			 postponement or continuance of the hearing may be granted for a reasonable
			 period upon good cause, which shall be documented.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 943.00 - County Correctional Facilities - Inmate Rules And Discipline › Section 943.07 - Appeal Process

Current through Register 1525, July 5, 2024
(1) The inmate
			 discipline plan shall provide policy and procedure allowing inmates to appeal
			 decisions of the hearing officer to the Sheriff/facility administrator or
			 designee.
(a) inmates shall have up to seven
			 days from receipt of the decision to submit an appeal in writing; and
(b) the appeal shall be decided within five
			 days of its receipt, and the inmate shall be notified of the results within 24
			 hours of the decision.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 943.00 - County Correctional Facilities - Inmate Rules And Discipline › Section 943.08 - Sanctions

Current through Register 1525, July 5, 2024
(1) The county correctional facility shall
			 have written policy and procedure providing that in instances in which an
			 inmate is alleged to have committed a crime, the case is referred to
			 appropriate law enforcement officials for possible prosecution.
(2) The county correctional facility shall
			 ensure that sanctions imposed for rule violations are reasonably related to the
			 severity of the offense. Acceptable forms of discipline shall include, but not
			 be limited to, the following:
(a)
			 reprimand;
(b) loss of privileges
			 for a specified period of time;
(c)
			 removal from work detail;
(d) extra
			 work duty for a specified period of time;
(e) forfeiture of good time credit earned in
			 accordance with M.G.L. c. 127, § 129;
(f) disciplinary detention for a specified
			 period of time; and
(g) a
			 combination of 103 CMR 943.08(2)(a) through (f).
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 943.00 - County Correctional Facilities - Inmate Rules And Discipline › Section 943.09 - Limitations of Disciplinary Action

Current through Register 1525, July 5, 2024
(1)
			 Corporal punishment shall be prohibited.
(2) No inmate shall be placed in disciplinary
			 detention prior to compliance with the procedures set forth in
			 103 CMR
			 943.04,
			 943.05,
			 and
			 943.06.
(3) The maximum period of disciplinary
			 detention that may be imposed is ten days for one offense and 30 days for all
			 violations arising out of one incident.
(4) Continuous confinement in disciplinary
			 detention for more than 30 days requires the review and approval of the
			 Sheriff/facility administrator.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 944.00 - County Correctional Facilities - Inmate Work Programs › Section 944.01 - General Provisions

Current through Register 1525, July 5, 2024
The county correctional facility shall develop and implement a
				written inmate work assignment plan that provides for inmate employment,
				subject to the number of work opportunities available and the security of the
				facility.
(1) Written policy and
			 procedure shall include the following provisions:
(a) pre-trial and unsentenced detainees shall
			 not be required to work, except to do personal housekeeping;
(b) any inmate may volunteer for work
			 assignments;
(c) a variety of work
			 assignments affording inmates an opportunity to learn job skills and develop
			 good work habits and attitudes shall be offered;
(d) work shall be offered in facility
			 maintenance and operations;
(e)
			 where statute permits, work assignments shall be offered in public works
			 projects and nonprofit and community service projects; and,
(f) employment for handicapped inmates is
			 available.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 944.00 - County Correctional Facilities - Inmate Work Programs › Section 944.02 - Industries Programs

Current through Register 1525, July 5, 2024
If an industries program exists in a county correctional
				facility, the Sheriff/facility administrator shall provide the
				following:
(1) Policy and procedure
			 that authorize the establishment of an industries program, delineating the
			 areas of authority, responsibility and accountability for such industries
			 program.
(2) Policy and procedure
			 for the county correctional facility's industries program shall include, but
			 not be limited to, the following:
(a) security
			 and program determinations necessary for any individual to be eligible for
			 industries work shall be made by the classification committee, consistent with
			 security and available resources;
(b) the number of inmates assigned to
			 industries operations shall meet the realistic workload needs of each
			 industries operating unit;
(c) a
			 cost accounting system in operation for each operating unit shall be designed
			 and maintained in accordance with generally accepted accounting principles;
			 and,
(d) each industries operating
			 unit shall have a written quality control procedure that provides for raw
			 material, in-process, and final product inspection.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 944.00 - County Correctional Facilities - Inmate Work Programs › Section 944.03 - Compliance with Regulations (Required)

Current through Register 1525, July 5, 2024
(1) The
			 Sheriff/facility administrator shall ensure that all county correctional
			 facility work, industrial, vocational and educational programs comply with
			 required federal, state, or local work, health and safety standards, applicable
			 to correctional facilities.
(2) The
			 county correctional facility shall ensure compliance with these standards by
			 conducting weekly inspections of facility work programs by qualified facility
			 staff, monthly inspections by a safety officer and through at least annual
			 inspections by the authority having jurisdiction. Documentation of such
			 inspections shall be recorded and maintained.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 944.00 - County Correctional Facilities - Inmate Work Programs › Section 944.04 - Incentives and Compensation

Current through Register 1525, July 5, 2024
The written inmate work plan shall provide for any incentives
				and/or compensation approved by the Sheriff or designee for inmates in work
				programs, which may include, but not be limited to, the following:
(a) special housing;
(b) extra privileges; and
(c) good time credits, as statute
			 permits.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 948.00 - County Correctional Facilities - Mail And Communication › Section 948.02 - Amount of Mail

Current through Register 1525, July 5, 2024
There shall be no limitation to the volume of lawful mail which
				an inmate may send or receive, nor on the length, language, content or source
				of mail, except in accordance with
				103 CMR
				948.09.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 948.00 - County Correctional Facilities - Mail And Communication › Section 948.03 - Collection and Distribution

Current through Register 1525, July 5, 2024
Written policy and procedure shall govern the collection and
				distribution of mail and shall contain, at a minimum, the following:
(1) All outgoing mail shall be collected
			 sealed from the inmate or from locked mail boxes by an employee at least once
			 every day, except Sundays and postal holidays.
(2) Incoming mail shall be distributed
			 directly to the receiving inmate by an employee in accordance with an
			 established schedule at least once every day except Sundays and postal
			 holidays.
(3) Outgoing mail shall
			 be delivered to the Post Office and incoming mail shall be delivered to the
			 inmates within 24 hours of collection or pick up.
(4) A procedure for forwarding mail which
			 cannot be delivered (transfers, escapees,
etc.)
shall be
			 established.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 948.00 - County Correctional Facilities - Mail And Communication › Section 948.04 - Postage Free Mail

Current through Register 1525, July 5, 2024
Written policy and procedure shall specify that indigent
				inmates shall be permitted:
(1) An
			 unlimited number of postage-free letters each week for privileged confidential
			 correspondence, excluding attorneys;
(2) Three postage-free letters each week for
			 general correspondence; and
(3)
			 Sheriffs or designees may develop procedures to allow indigent inmates to mail
			 postage-free letters each week to their attorneys of record on any pending
			 criminal matter.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 948.00 - County Correctional Facilities - Mail And Communication › Section 948.05 - Privileged Correspondence

Current through Register 1525, July 5, 2024
Written policy and procedure shall provide that inmates are
				permitted to send sealed mail to and receive sealed mail from the
				following:
(1) any officer of a court
			 of the United States or of the Commonwealth of Massachusetts (judge, attorney,
			 clerk);
(2) the President or Vice
			 President of the United States or the Governor of the Commonwealth of
			 Massachusetts;
(3) any member of
			 the Congress of the United States;
(4) any member of the Legislature of the
			 Commonwealth of Massachusetts;
(5)
			 the Attorney General of the United States or the Attorney General of the
			 Commonwealth of Massachusetts;
(6)
			 the Director or any agent of the Federal Bureau of Investigation;
(7) the Commissioner of the Massachusetts
			 Department of Public Safety or the Secretary of the Executive Office of Public
			 Safety and Security;
(8) the County
			 Commissioners or Sheriff of the county in which the inmate is
			 confined;
(9) the Commissioner of
			 the Massachusetts Department of Correction, and if applicable, the
			 superintendent of the State correctional institution in which the inmate was
			 confined;
(10) any member of the
			 Massachusetts Parole Board or probation officer;
(11) any member of the Governor's Advisory
			 Committee on Corrections; and
(12)
			 any District Attorney of the United States.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 948.00 - County Correctional Facilities - Mail And Communication › Section 948.06 - Inspection of Privileged Correspondence

Current through Register 1525, July 5, 2024
Written policy and procedure shall provide, but not be limited
				to, the following:
(1) Outgoing
			 privileged mail may not be opened for inspection or any other purpose or
			 otherwise impeded in its transmission if it meets the following requirements:
(a) it is addressed to a person listed in
			 103 CMR
			 948.05; and
(b) it includes the inmate's name and return
			 facility address on the outside of the envelope.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 948.00 - County Correctional Facilities - Mail And Communication › Section 948.07 - Inspection of Non-privileged Correspondence and Packages

Current through Register 1525, July 5, 2024
Written policy and procedure shall provide, at a minimum, the
				following:
(1) Incoming non-privileged
			 correspondence and packages may be inspected:
(a) to receive and record the receipt of any
			 funds enclosed for the inmate;
(b)
			 to verify and record the receipt of permitted personal property; and
(c) to prevent the transmission of contraband
			 to the inmate.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 948.00 - County Correctional Facilities - Mail And Communication › Section 948.08 - Reading of Non-privileged Correspondence

Current through Register 1525, July 5, 2024
Written policy and procedure shall provide that the
				Sheriff/facility administrator may authorize the reading of non-privileged mail
				when in his opinion, such action is necessary to maintain security or order in
				the county correctional facility or protect the physical safety of an
				individual. Such reading of mail shall be properly recorded.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 948.00 - County Correctional Facilities - Mail And Communication › Section 948.09 - Disapproval of Non-privileged Correspondence

Current through Register 1525, July 5, 2024
Written policy and procedure shall govern the disapproval of
				inmate correspondence and contain, at a minimum, the following:
(1) Non-privileged correspondence shall be
			 disapproved only to prevent interference with facility goals of security,
			 safety, order or rehabilitation. Disapproval shall not be based upon an
			 employee's personal views of the merit of such correspondence.
(2) The Sheriff/facility administrator, or
			 designee, may disapprove for mailing or receipt by an inmate non-privileged
			 correspondence, the contents of which fall as a whole or in significant part,
			 into any of the following categories:
(a)
			 information or materials which could clearly and reasonably be expected to
			 encourage the use of physical violence or group disruption of facility
			 operations;
(b) threats of
			 blackmail or extortion;
(c) plans
			 for sending contraband in or out of the facility;
(d) plans to escape;
(e) plans for activities in violations of
			 Sheriff's Office or facility regulations, orders, or policies;
(f) criminal activity or plans for criminal
			 activity;
(g) coded messages which
			 are not reasonably decipherable by the reader;
(h) descriptions of the making of any weapon,
			 explosive, poison, or destructive device; and
(i) sexually explicit material or material
			 which features nudity which by its nature or content poses a threat to the
			 security, good order, or discipline of the institution; and
(j) any publications that may interfere with
			 the treatment and rehabilitation process at that institution.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 948.00 - County Correctional Facilities - Mail And Communication › Section 948.10 - Telephone Privileges

Current through Register 1525, July 5, 2024
Written policy and procedure shall govern inmate access to a
				public telephone and shall provide for the following:
(1) Reasonable access to public telephones
			 including:
(a) specific hours of telephone
			 availability;
(b) length of
			 calls;
(c) any limitations on phone
			 calls; and
(d) responsibility of
			 payment for call.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 950.00 - County Correctional Facilities - Visiting › Section 950.01 - Visiting Plan

Current through Register 1525, July 5, 2024
(1) The
			 Sheriff/facility administrator shall develop a written visiting plan designed
			 to facilitate visits between inmates and their family and friends, to
			 accommodate visits between inmates and their attorneys, and to maximize the
			 hours during which visits are permitted; provided, that nothing contained in
			 103 CMR 950.00 shall be
			 construed to impair the discretion of the Sheriff/facility administrator to
			 control access to his institution under the provisions of M.G.L. c. 127, §
			 36. The Visiting Plan shall include, but not be limited to, the following:
(a) facility's visiting periods, including
			 some time in the evening or weekends;
(b) facility's rules and regulations for
			 visiting;
(c) identification and
			 sign-in process for all visitors;
(d) procedures for searching
			 visitors;
(e) written policy on
			 procedure for excluding visitors;
(f) provisions for special visits;
			 and
(g) procedure for keeping
			 records of all visitors to facility; and,
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 950.00 - County Correctional Facilities - Visiting › Section 950.02 - Visiting Rules and Regulations

Current through Register 1525, July 5, 2024
(1) The visiting
			 plan shall contain written rules and regulations which shall include, but not
			 be limited to, the following:
(a) any
			 limitation as to who may or may not visit an inmate, to include those who need
			 permission (
i.e.
, youths, ex-offenders), or any exclusions
			 (visitors who in the opinion of the Sheriff/facility administrator would be
			 injurious to the best interest of the facility);
(b) any limitation on the number of weekly
			 visits allowed per inmate, any limitation in duration of single visits, or
			 limitation on number of visitors per inmate at any one time;
(c) a statement of rules and regulations for
			 conduct of any visitor, a statement regarding physical contact with inmates,
			 and a statement of expected dress code;
(d) procedures for submitting approved
			 parcels and funds, and a list of articles allowed or disallowed into the
			 facility;
(e) a statement warning
			 visitors that it is a felony for any person to deliver any article to an inmate
			 without permission of the Sheriff/Facility Administrator, or to procure an
			 article to be delivered, to possess it with intent to deliver it or to deposit
			 or conceal it with intent that an inmate shall obtain it; and
(f) a procedure for a visitor to disclose any
			 article, other than clothing, that he/she may be carrying, to include personal
			 effects, medication, any form of weapon,
etc.
, and a means to
			 check or properly secure such items prior to visit.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 950.00 - County Correctional Facilities - Visiting › Section 950.03 - Identification and Sign-in

Current through Register 1525, July 5, 2024
The written Visiting Plan shall contain a means to identify and
				register all visitors to the county correctional facility and shall include,
				but not be limited to, the following:
(1) A visitor shall be required to produce a
			 current photographic identification such as a Massachusetts driver's license or
			 a passport. (Exceptions may be made by the Sheriff/facility administrator or
			 his designee);
(2) As a condition
			 of entry, every visitor except the officials listed in 103 CMR 950.03(2)(b) is
			 required by statute to make and subscribe a statement under penalties of
			 perjury stating true name and residence, whether or not he has been convicted
			 of a felony and, if visiting an inmate, his relationship. Each institution
			 shall provide either a sign-in sheet or "Request to Visit Inmate" form for the
			 purpose of
			 103 CMR 950.00.
(a) if the visitor answers that he has been
			 convicted of a felony, the visitor may be required, as a condition of entry, to
			 provide a statement of the crime(s) for which he was convicted and the sentence
			 served; and
(b) the following
			 persons generally may not be asked to provide the statement generally required
			 by 103 CMR 950.03(2): the Governor, a member of the Governor's Council, a
			 member of the General Court, a Justice of the Supreme Judicial, Superior or
			 District Court, the Attorney General, a District Attorney, the Commissioner, a
			 Deputy or Associate Commissioner of Correction, Sheriff, County Commissioners,
			 a member of the Parole Board, a Parole or Probation Officer, or others as
			 designated by the Sheriff/facility administrator. Any such officer shall be
			 required to sign his name, business address and the office which brings him
			 within the exemption from the normal sign-in requirement.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 950.00 - County Correctional Facilities - Visiting › Section 950.04 - Searches of Visitors

Current through Register 1525, July 5, 2024
The Visiting Plan shall contain policy and procedure for the
				conducting of searches of visitors, and shall include, but not be limited to,
				the following:
(1) A large sign posted
			 in the lobby or other entrance warning that, "ALL VISITORS ARE SUBJECT TO BEING
			 SEARCHED", and containing the same wording in Spanish, "TODAS LAS VISITAS ESTAN
			 SUJETAS A REVISION", or a language which is understood by a significant number
			 of visitors;
(2) A search procedure
			 effective in preventing the smuggling of articles into the visiting area of the
			 facility; to include that visitors successfully pass through a metal detector
			 or scanner, or a pat down, and that any articles they are carrying may be
			 thoroughly searched. In community release facilities the search procedure shall
			 have a system to control contraband;
(3) If the search procedure is to include a
			 more extensive search than mentioned above (up to and including a strip
			 search), the following shall be included:
(a)
			 authorization from the Sheriff/Facility Administrator or designee for such
			 search;
(b) the visitor shall be
			 informed that he may leave the facility rather than submit to such a search. If
			 he agrees to said search, a record of consent shall be documented noting date,
			 time, individual being searched and individuals conducting search;
			 and
(c) the officer(s) conducting a
			 more extensive search shall file a written report concerning the search with
			 the Sheriff/facility administrator prior to the end of his tour of duty. The
			 report shall contain the name of the visitor, the names of the searching
			 officers and of the official who approved the search, the extent of the search,
			 and what, if anything, was found.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 950.00 - County Correctional Facilities - Visiting › Section 950.05 - Exclusion of Visitors

Current through Register 1525, July 5, 2024
The visiting plan shall contain policy and procedure including,
				but not limited to, the following:
(1)
			 Any visitor, even one who has obtained prior permission to visit, may be denied
			 entrance to the county correctional facility or told to terminate a visit and
			 leave the premises;
(2) A visitor
			 who is denied entrance or asked to leave shall be told the reason for such
			 action, except when it is deemed that to specify the reason might jeopardize
			 security interests or the safety of any person or the facility;
(3) The officer(s) responsible for denying
			 entrance or terminating a visit shall file a written report with the
			 Sheriff/facility administrator, in accordance with Sheriff's Department policy.
			 This report shall include the name of the visitor and the inmate visited, the
			 time for the denial or termination, and the reasons for the action;
(4) When the Sheriff/facility administrator
			 denies, suspends, or places restrictions on visiting privileges, the visitor
			 shall be notified in writing of the reasons for such action, unless
			 specification of the reason would jeopardize security interests or the safety
			 of the individuals or the facility. The visitor may request a review of such
			 action by writing the Sheriff/facility administrator. The Sheriff/facility
			 administrator shall respond to all such requests in writing informing the
			 visitor of the reasons for upholding, eliminating or modifying the original
			 action;
(5) A statement that
			 visiting privileges may be suspended for a specific time and procedures for
			 reapplication of visiting privileges;
(6) Nothing in
			 103 CMR 950.00 shall in any
			 way impair the Sheriff's or a designee's authority pursuant to M.G.L. c. 127,
			 § 36 to exclude a visitor whenever, in his/her opinion admitting that
			 person to visit would be injurious to the best interest of the facility or the
			 administration of the county correctional facility; and
(7) Before any attorney or any of the
			 officials listed in
			 103 CMR 950.03(2)(b)
			  is excluded, the Sheriff/facility
			 administrator or other officer in charge shall be consulted. The attorney or
			 official may immediately appeal any exclusion to the Sheriff.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 950.00 - County Correctional Facilities - Visiting › Section 950.06 - Special Visits

Current through Register 1525, July 5, 2024
The visiting plan shall contain provisions for special visits
				which shall include, but not be limited to, the following:
(1) Provisions that are flexible enough to
			 permit the Sheriff/facility administrator or designee to make exceptions to the
			 rules in unusual circumstances, such as when a visitor has traveled a long
			 distance to see an inmate, or when an inmate is ill or hospitalized;
			 and,
(2) Provisions for special
			 visits with attorneys and members of the clergy.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 950.00 - County Correctional Facilities - Visiting › Section 950.07 - Visiting Records

Current through Register 1525, July 5, 2024
The visiting plan shall include provisions for recording of all
				visits and shall include, but not be limited to, the following:
(1) A card or electronic record for each
			 inmate on which shall be recorded the name of every person who visits that
			 inmate and the dates on which those visits occur. This card or printout of the
			 record shall, upon the request of the receiving facility, be forwarded whenever
			 the inmate is transferred;
(2) A
			 written chronological file: visitor sign-in sheets and/or the "Request to
			 Visit" forms; and
(3) A written log
			 of all other visitors to the facility stating name, agency, and reason for the
			 visit. Notations may be maintained in the facility log.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 952.00 - County Correctional Facilities - Release Preparation And Temporary Release › Section 952.01 - Community Release Programs

Current through Register 1525, July 5, 2024
The county correctional facility shall provide a program of
				release preparation which may include temporary release programs for all
				eligible inmates to prepare them for parole or discharge from the facility. The
				program shall contain the following:
(1) Written policy and procedure shall
			 provide for escorted and unescorted leaves into the community for eligible
			 inmates;
(2) Any temporary release
			 programs established in accordance with statute, containing the following
			 elements:
(a) written operational
			 procedures;
(b) established
			 eligibility and suitability criteria;
(c) careful screening and selection
			 procedures;
(d) written rules of
			 inmate conduct and a community release agreement signed by the inmate, agreeing
			 to abide by the written rules of conduct;
(e) a system of supervision;
(f) a complete record-keeping
			 system;
(g) a system for evaluation
			 of program effectiveness;
(h)
			 efforts to obtain community cooperation and support; and,
(i) if applicable, a system to provide 14
			 days advance notice by telephone and mail to persons certified under the
			 citizens initiated petition process; such notice shall include a description of
			 the program activity release,
i.e
., the date, approximate time
			 and duration, general location and a description of the level of supervision
			 being provided; in the event of an emergency furlough, immediate notification
			 of the victim shall be provided; the notification actions shall be documented,
			 and entered into the Criminal History Systems Board database (victim
			 certification notification program). This requirement is not applicable in jail
			 facilities.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 952.00 - County Correctional Facilities - Release Preparation And Temporary Release › Section 952.02 - Work/Educational Release Programs

Current through Register 1525, July 5, 2024
Written policy and procedure shall govern inmate participation
				in programs which are established in accordance with the provisions of M.G.L.
				c. 127, §§ 86F and 86G.
(1)
			 In accordance with the requirements of M.G.L. c. 127, §§ 86F and 86G:
(a) an inmate on work release and his
			 employer shall agree that all inmate earnings (after taxes and other
			 deductions) shall be delivered directly to the Sheriff/facility administrator
			 or designee. At no time shall any inmate personally receive any monies, checks
			 or the like from his employer;
(b)
			 the Sheriff/facility administrator shall deduct from the inmate's earnings
			 delivered to him the following:
1. an amount
			 for the reimbursement to the county for food, lodging and clothing provided to
			 the inmate;
2. the actual and
			 necessary food, travel and other expenses for the inmate while on work
			 release;
3. the amount for support
			 for the inmate's spouse and children as ordered by any court or the Department
			 of Revenue Child Support Enforcement Division;
4. sums voluntarily agreed to for family
			 allotments and for personal necessities while confined;
5. court-ordered fines and fees to include
			 victim witness fees.
Any balance remaining shall be credited to the inmate's account
				and shall be paid upon final release.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 952.00 - County Correctional Facilities - Release Preparation And Temporary Release › Section 952.03 - Furloughs

Current through Register 1525, July 5, 2024
Written policy and procedure shall specify a system for
				reviewing applications for furlough for eligible inmates pursuant to M.G.L. c.
				127, § 90A. In accordance with those provisions:
(1) An inmate shall be limited to 14 days
			 furlough in any one calendar year and not more than seven days furlough at any
			 one time;
(2) Furloughs or
			 emergency escorted trips may be granted for any of the following purposes:
(a) to attend a funeral of a
			 relative;
(b) to visit a critically
			 ill relative;
(c) to obtain
			 medical, psychiatric, psychological or other social services when adequate
			 services are not available at the facility and cannot be obtained by temporary
			 placement in a hospital as provided in M.G.L. c. 127, §§ 117A and
			 118;
(d) to contact prospective
			 employers;
(e) to secure a suitable
			 residence for use upon release, parole or discharge; and
(f) for any other reason consistent with the
			 reintegration of a committed offender into the community.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 973.00 - County Correctional Facilities - Safety And Emergency Standards › Section 973.01 - Compliance With Life Safety Codes (Required)

Current through Register 1525, July 5, 2024
There shall be documentation, at each county correctional
				facility, by the public safety authority having jurisdiction, that structural
				safety and fire safety of the facility complies with applicable codes as
				required by statute and to the extent not inconsistent with essential security
				requirements. The authority having jurisdiction shall approve any variances,
				exceptions, or equivalencies that do not constitute a serious life safety
				threat to the occupants of the county correctional facility. There shall be
				plans of action for addressing deficiencies within a reasonable time
				period.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 973.00 - County Correctional Facilities - Safety And Emergency Standards › Section 973.02 - Emergency Evacuation Plans (Required)

Current through Register 1525, July 5, 2024
(1)
			 Each county correctional facility shall have a written evacuation plan prepared
			 in the event of fire or major emergency. This plan shall be approved by the
			 public safety authority having jurisdiction.
(2) The plan shall be reviewed annually and
			 updated as needed.
(3) The plan
			 shall be disseminated to local and state public safety departments in the
			 geographic area.
(4) The plan shall
			 include, but not be limited to, the following:
(a) location of building/room floor
			 plans;
(b) use of exit signs and
			 directional arrows;
(c) publicly
			 posted evacuation diagrams;
(d) at
			 least quarterly drills in all locations; and,
(e) staff drills even when evacuation of
			 extremely dangerous inmates may not be possible.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 973.00 - County Correctional Facilities - Safety And Emergency Standards › Section 973.03 - Fire Prevention Regulations (Required)

Current through Register 1525, July 5, 2024
Written policy and procedure shall specify the county
				correctional facility's fire prevention regulations and practices and shall
				include, but not be limited to:
(1)
			 Provision for an adequate fire protection service;
(2) A system of fire inspections to include
			 testing of fire safety equipment and systems at least quarterly unless a
			 different periodic frequency is approved by the AHJ;
(3) An annual fire inspection by the
			 authority having jurisdiction; and
(4) Availability of fire hoses or
			 extinguishers at appropriate locations throughout the facility, as directed by
			 applicable regulations from the Department of Public Safety and the State Board
			 of Building Regulations and Standards, or as approved by the authority having
			 jurisdiction.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 973.00 - County Correctional Facilities - Safety And Emergency Standards › Section 973.04 - Fire Safety Officer (Required)

Current through Register 1525, July 5, 2024
(1)
			 Written policy and procedure shall specify the appointment of a qualified fire
			 safety officer to perform comprehensive monthly fire safety
			 inspections.
(2) There shall be a
			 fire safety inspection of each area of the county correctional facility at
			 least weekly by a qualified employee.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 973.00 - County Correctional Facilities - Safety And Emergency Standards › Section 973.05 - Fire Alarm System (Required)

Current through Register 1525, July 5, 2024
(1) Each
			 county correctional facility shall have a fire alarm and automatic detection
			 system capable of alerting personnel at the control center to the presence of
			 fire or smoke in the facility.
(2)
			 The system shall also include a direct and reliable means of communication with
			 the local Fire Department.
(3) The
			 system, or a plan for addressing deficiencies within a reasonable time period,
			 shall be approved by the authority having jurisdiction.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 973.00 - County Correctional Facilities - Safety And Emergency Standards › Section 973.06 - Fire Retardant Furnishings and Materials (Required)

Current through Register 1525, July 5, 2024
The selection and purchasing of fire retardant furnishings and
				materials shall include, but not be limited to:
(1) For the selection and purchase of
			 facility furnishings, specifications will include the fire safety and flame
			 spread performance requirements of the materials selected as approved by the
			 AHJ; and
(2) Each county
			 correctional facility shall develop regulations to limit possessions so as not
			 create any fire hazards.