Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 405.00 - Fund Accounts › Section 405.07 - Wages and Stipends

Current through Register 1525, July 5, 2024
(1) It is the
			 Department's goal for I/Is and C/Cs to always maintain a respectable Savings
			 Funds balance. This becomes increasingly important as some I/Is move toward
			 lower custody status where they shall eventually be required to expend their
			 own funds for transportation, clothing, and food while they are establishing
			 their work-release employment program. The primary purpose for Savings Funds is
			 to ensure that I/Is and C/Cs shall be released with enough funds to aid in
			 acquiring a residence and to be able to afford the expenses related to
			 reintegrating in a community upon discharge or parole.
(2) I/Is and C/Cs may receive wages from the
			 Commonwealth of Massachusetts/Department of Correction. I/Is and C/Cs
			 participating in DOC's work release programs may receive wages from any public
			 or private employer other than the Department. I/Is and C/Cs who receive such
			 wages shall receive, monthly, the FAS generated payment information indicating
			 the amount of money which was credited to their FA, and how those monies were
			 classified within the FA.
(3) In
			 accordance with M.G.L. c. 127, § 48A, and with the exception of I/Is
			 serving any life sentence or those serving a one day to life civil commitment
			 pursuant to M.G.L. c. 123A who have requested consolidation of all funds in a
			 Personal FA pursuant to 103 CMR 405.07(7), at least 50% of an I/I's Earned
			 Funds received from the Department shall be classified as Savings Funds and the
			 balance shall be classified as Personal Funds.
(4) The Superintendent shall expend any part
			 or all of such Earned Funds to satisfy the victim and witness assessment
			 ordered by a court pursuant to M.G.L. c. 258B, § 8, or other fees
			 authorized by statute, including, but not limited to Drug Assessment fee
			 pursuant to M.G.L. c. 90, § 24Q, Criminal Assessment fee M.G.L. c. 258B,
			 § 8, Drunk Driving Trust Fund fee M.G.L. c. 10, § 66, and Head Injury
			 Treatment Service Trust Fund fee M.G.L. c. 10, § 59. Such expenditures may
			 occur before funds received are credited to any I/I or C/C account.
(5) In accordance with M.G.L. c. 127, §
			 48A, with the approval of the Superintendent, I/Is and C/Cs may expend FA
			 monies identified as Earned Funds, whether classified as Savings Funds or
			 Personal Funds, for circumstances of compelling need including, but not limited
			 to, expenses related to family illness or death, legal defense, provision of
			 essential articles of personal use or any other such circumstances of
			 compelling need as determined by the superintendent. Such requests shall be
			 submitted in writing to the Superintendent.
(6) FA funds shall not be disbursed from one
			 I/I or C/C to another I/I or C/C unless the Superintendent approves the
			 request.
(7) All I/Is and C/Cs
			 shall maintain a Savings Fund account balance of at least $100.
			 Superintendents, in their discretion, may allow I/I s serving a life sentence,
			 those serving a one day to life civil commitment pursuant to M.G.L. c. 123A, or
			 other I/I's based on length of sentence or other extenuating circumstances, to
			 consolidate all FA monies into their Personal FA.
(8) Request for consolidation of Savings
			 Funds to Personal Funds shall be made in writing to the Superintendent.
			 Consolidation may be rescinded based on a determination, in the
			 Superintendent's discretion, that changed circumstances require maintenance of
			 a Savings Fund balance.
(9) I/Is or
			 C/Cs from another state, incarcerated at a Department institution, shall abide
			 by the regulating policy pertaining to Personal Funds and Savings Funds of the
			 sending state.
(10) A FA generated
			 report shall be distributed annually, and may be distributed upon request, but
			 no more frequently than once per month, to an I/I or C/C who receives
			 compensation from the Commonwealth of Massachusetts for I/I or C/C wages and
			 interest income paid.
(11) The I/I
			 and C/C Wage Scale and mandatory deductions for institutional I/I and C/C job
			 assignments, excluding Correctional Industries, is as follows, subject to
			 appropriation:
Basic Rate
I/I and C/C
Wage
							 Scale
-I.- $2.90 per day/$14.50 per 5 day week
-II.- $2.18 per day/$10.90 per 5 day week
-III.- $1.45 per day/$7.25 per 5 day week
-50% Forced earned Savings
Pre-release
- Work-release Prevailing Rate
- Room & Board deduction as approved by the
							 Commissioner
-25% gross earned savings
Minimum Job Package
Set wages as approved by the Commissioner - 50%
							 forced earned savings
Skilled Kitchen and Maintenance
							 Workers
Set wages as approved by the Commissioner - 50%
							 forced savings
I/I and C/C pay may be reduced if an I/I or C/C fails to work a
				full week. Any deviations from this pay scale shall require prior written
				approval from the Commissioner. All such written requests for alternate rates
				shall be detailed and shall be submitted through the Executive Director of
				Administrative Services. All alternate rate approvals shall remain in effect
				unless otherwise amended in accordance with the aforesaid.
(12) Wages for I/Is and C/Cs employed by
			 Industries shall be established in accordance with
			 103 CMR
			 455.00:
Correctional
			 Industries
.
(13)
General
. I/Is or C/Cs who receive wages through a
			 work-release program or through a program in which a private employer provides
			 work within the institution are prohibited from receiving compensation directly
			 from an employer. Work-release checks and paystubs should be mailed directly by
			 the work-release program employer to the Institutional Treasurer.
			 Alternatively, work-release checks may be delivered to the Institutional
			 Treasurer
via
other Department approved electronic means, such
			 as by direct deposit to a Department account based on information provided by
			 the Institutional Treasurer, and paystubs may be delivered by secure online
			 posting to be accessed and downloaded by the Institutional Treasurer. Where
			 paystubs are securely posted online by the work-release program employer for
			 access by the Institutional Treasurer, the work-release program employer shall
			 provide the Institutional Treasurer with the means and ability including, but
			 not limited to, provision of any required passwords, to access the paystubs.
			 All paystubs must be presented to the Institutional Treasurer's office. The
			 Institutional Treasurer shall then make all deductions both mandatory and
			 voluntary,
via
the FAS, before releasing wages to the I/I or
			 C/C.