reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 102 CMR - OFFICE OF CHILD CARE SERVICES › Title 102 CMR 1.00 - Enforcement Standards And Definitions For Licensure Or Approval › Section 1.01 - Introduction

Current through Register 1525, July 5, 2024
102 CMR 1.00 is adopted in
				accordance with M.G.L. c. 28A which stresses the commitment of state government
				to assure every child a fair and full opportunity to reach his or her full
				potential.
				102 CMR 1.00 includes
				definitions and requirements that apply to all programs that the Office
				licenses or approves and delineate the Office's authority to take legal action
				as a result of a program or facility's non-compliance with the appropriate
				regulations.
Code of Massachusetts Regulations › 102 CMR - OFFICE OF CHILD CARE SERVICES › Title 102 CMR 1.00 - Enforcement Standards And Definitions For Licensure Or Approval › Section 1.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				102 CMR 1.00, 3.00,
				5.00,
				7.00 and
				8.00, the following words
				shall have the following meanings unless specifically defined therein or unless
				the context otherwise requires:
Abuse
. The non-accidental commission
				of any act upon a child which causes or creates a substantial risk of serious
				physical or emotional injury or constitutes a sexual offense under the laws of
				the Commonwealth.
Applicant
. The individual who has been
				designated as the person responsible for the administration of the program or
				facility and is the duly authorized agent of the person applying for licensure
				or approval.
Approval
. A certification in writing,
				whether regular or provisional, issued by the Office to a department, agency,
				or institution of the Commonwealth or any political subdivision thereof which
				authorizes it to operate any program licensable by the Office of Child Care
				Services.
Commissioner
. The Commissioner of the
				Office of Child Care Services.
Day
. Calendar day unless otherwise
				specified.
Disability
. With respect to an
				individual, disability means a permanent or temporary physical or mental
				impairment that substantially limits one or more of the major life activities
				of such individual; a record of having such an impairment; or being regarded as
				having such an impairment.
License
. Any certification in writing,
				whether regular or provisional, issued by the Office to any person other than a
				department, agency, or institution of the Commonwealth or any political
				subdivision thereof, which authorizes such person to operate any program
				licensable by the Office for Children.
Licensee
. Any person holding a license
				or approval issued by the Office.
Neglect
. The failure, either
				deliberately or through negligence or inability, to adequately care for,
				protect, or supervise children.
Office
. The Office of Child Care
				Services.
Parent
. Father or mother, guardian, or
				person or agency legally authorized to act on behalf of the child in place of,
				or in conjunction with, the father, mother, or guardian.
Person
. Any individual, partnership,
				corporation, association, organization or trust, or any department, agency or
				institution of the federal government or of the Commonwealth or any political
				subdivision thereof.
51A Report
. A report filed with the
				Department of Social Services pursuant to M.G.L. c. 119, § 51A alleging
				that a child may have been abused or neglected.
51B Report
. A report of an
				investigation of a 51A complaint conducted by the Department of Social Services
				pursuant to M.G.L. c. 119, § 51B. A 51B report that is supported means
				that there is reasonable cause to believe that a child has been abused or
				neglected by a caretaker.
Code of Massachusetts Regulations › 102 CMR - OFFICE OF CHILD CARE SERVICES › Title 102 CMR 1.00 - Enforcement Standards And Definitions For Licensure Or Approval › Section 1.03 - Licensure

Current through Register 1525, July 5, 2024
(1)
Non-Discrimination
. The licensee shall not
			 discriminate in providing services to children and their families on the basis
			 of race, religion, cultural heritage, political beliefs, national origin,
			 marital status, sexual orientation or disability. A statement that the program
			 does not discriminate on these bases shall be made part of the written
			 statement of purpose where required.
(2)
Licensure or Approval
			 Required
. No person shall operate or purport to operate a program
			 licensable by the Office of Child Care Services without a license or approval
			 issued by the Office.
(3)
Application
. Any person who wishes to establish and
			 maintain a program or facility shall file a written application with the Office
			 in a manner, and on forms, provided by the Office.
(4)
Renewal
. Any
			 person seeking to renew a license or approval shall file a written application
			 for such renewal with the Office in a manner, and on forms, provided by the
			 Office not less than 30 days prior to the date of expiration of his/her current
			 license or approval. If a renewal application has been filed, a license or
			 approval, or provisional license or approval, shall remain in effect until a
			 determination is made by the Office on the status of the license.
(5)
Application Fee
.
			 The application, where applicable, shall be accompanied by a check made payable
			 to the Commonwealth of Massachusetts. A fee schedule may be obtained from the
			 Office.
(6)
Availability of Regulations
The licensee shall have a
			 copy of the regulations applicable to any license issued by the Office on the
			 premises of the program and shall make it available to any person upon
			 request.
(7)
Transfer
			 of License
. A license or approval shall not be transferable from
			 one licensee to another; from one program or facility to another; or from one
			 owner to another.
(8)
Posting of License
. The provider shall post
			 conspicuously any license issued by the Office.
Code of Massachusetts Regulations › 102 CMR - OFFICE OF CHILD CARE SERVICES › Title 102 CMR 1.00 - Enforcement Standards And Definitions For Licensure Or Approval › Section 1.04 - Effective Dates and Severance

Current through Register 1525, July 5, 2024
(1)
Effective Date
. The effective date of
			 102 CMR 1.00 through
			 8.00
et seq
.
			 is May 1, 1997.
(2)
Licenses Issued Under Previous Standards
. Any license,
			 or approval, in effect immediately prior to the effective date of
			 102 CMR 1.00 through
			 8.00
et seq.
shall remain in effect, unless suspended or revoked, until a new license or
			 approval is issued or expressly refused under
			 102 CMR 1.00 through
			 8.00
et
			 seq
.
(3)
Severance
. If any provision contained in
			 102 CMR 1.00 through
			 8.00
et seq
.
			 or the application thereof to any person or circumstances is held invalid, the
			 remainder
			 102 CMR 1.00 through
			 8.00
et seq
.
			 and the application of provisions in question to other persons not similarly
			 situated, or to other circumstances, shall not be affected thereby.
Code of Massachusetts Regulations › 102 CMR - OFFICE OF CHILD CARE SERVICES › Title 102 CMR 1.00 - Enforcement Standards And Definitions For Licensure Or Approval › Section 1.05 - Disqualifying Background Information

Current through Register 1525, July 5, 2024
(1)
Applicants and Family Day Care
. Any applicant,
			 licensee, provider, family day care approved assistant, family day care
			 household member, and any person regularly on the premises when family day care
			 children are present shall have a background free of conduct which, in the
			 judgment of the Office, bears adversely upon applicant's or licensee's ability
			 to care for children.
(a) Such conduct shall
			 include, but not be limited to the following:
1. criminal charges or a criminal conviction
			 included in a CORI (Criminal Offender Record Information) report as a result of
			 behavior that, pursuant to written policy, OCCS has determined to impair the
			 applicant's or licensee's ability to care for children;
2. engaging in, or having engaged in, any
			 other conduct, criminal or otherwise, determined by the Office to impair the
			 applicant's or licensee's ability to care for children;
3. engaging in, or having engaged in conduct
			 which results in his/her child being adjudicated to be in need of care and
			 protection;
4. allegations of abuse
			 or neglect of a child, supported in a 51B report;
5. use of alcohol or drugs to an extent or in
			 a manner that is determined by the Office to impair the applicant's or
			 licensee's ability to care for children properly.
Code of Massachusetts Regulations › 102 CMR - OFFICE OF CHILD CARE SERVICES › Title 102 CMR 1.00 - Enforcement Standards And Definitions For Licensure Or Approval › Section 1.06 - Right to Visit

Current through Register 1525, July 5, 2024
(1)
Visits to Determine Compliance.
(a) Any employee of the Office, may, at any
			 reasonable time, visit and inspect any facility or program operated by a person
			 who is subject to licensure or approval by the Office in order to determine
			 whether such facility or program is being operated in compliance with the law
			 and with any OCCS regulations governing such programs.
(b) Any employee of the Office authorized by
			 the Commissioner may make oral and written inquiries to determine whether a
			 program or facility is being operated in compliance with designated
			 regulations.
Code of Massachusetts Regulations › 102 CMR - OFFICE OF CHILD CARE SERVICES › Title 102 CMR 1.00 - Enforcement Standards And Definitions For Licensure Or Approval › Section 1.07 - Enforcement and Compliance with Regulations

Current through Register 1525, July 5, 2024
(1)
Deficiency Correction
			 Orders
.
(a) Whenever the Office
			 finds upon inspection or through information in its possession that a program
			 or facility is not in compliance with the regulations, the Office may order the
			 licensee to correct any non-compliances as specified in a deficiency correction
			 order.
(b) The deficiency
			 correction order shall include a statement of observations and indicate which
			 regulation(s) the licensee has violated. The order may prescribe the method(s)
			 of compliance with the regulations; and, the order shall prescribe the time
			 period(s) for correction, which shall be reasonable, depending on the nature of
			 the non-compliances cited and the time required for corrections.
Code of Massachusetts Regulations › 102 CMR - OFFICE OF CHILD CARE SERVICES › Title 102 CMR 1.00 - Enforcement Standards And Definitions For Licensure Or Approval › Section 1.08 - Rights to Appeal

Current through Register 1525, July 5, 2024
(1)
Request for Administrative Reconsideration
.
(a) Within seven days of receipt of a
			 deficiency correction order or notice of a sanction, the licensee may file with
			 the General Counsel a written request for administrative reconsideration. The
			 request shall be limited to direct and specific reasons why the notice of
			 sanction or any item in the deficiency correction order or any portion thereof
			 should be rescinded or modified, and the approximate time(s) requested by the
			 licensee to take corrective measures if any.
(b) Within 15 business days after receipt of
			 a request for reconsideration, the General Counsel shall grant, deny, or
			 otherwise act on such request.
(c)
			 Filing a request for administrative reconsideration shall not alter the time
			 required for compliance with the notice of sanction or deficiency correction
			 order.
Code of Massachusetts Regulations › 102 CMR - OFFICE OF CHILD CARE SERVICES › Title 102 CMR 1.00 - Enforcement Standards And Definitions For Licensure Or Approval › Section 1.09 - Notifications

Current through Register 1525, July 5, 2024
(1)
Notification by the
			 Office
.
(a) The Office shall
			 inform state funding agencies, or any other agency specified by the Office, of
			 the Office's intent to impose a sanction upon a licensee or to revoke, suspend,
			 make probationary, or refuse to renew a license or approval and shall notify
			 them in writing of any deficiency correction order, sanction, probationary
			 status, suspension, revocation, or refusal to renew.
(b) When corrective action has been
			 completed, or if a suspended license or approval is restored, state funding
			 agencies, or any other agency specified by the Office, shall be
			 informed.
Code of Massachusetts Regulations › 102 CMR - OFFICE OF CHILD CARE SERVICES › Title 102 CMR 12.00 - Minimum Standards For Child Care Tuition Assistance And On-site Or Near-site Subsidized Child Care Placements › Section 12.01 - Introduction

Current through Register 1525, July 5, 2024
102 CMR 12.00, adopted in
				accordance with St. 1990, c. 521, § 7, as amended by St. 1991, c. 329,
				stress the commitment of state government to provide employees with affordable
				child care for the purpose of allowing employees to be gainfully employed.
				Pursuant to St. 1990, c. 521, § 7, as amended by St. 1991, c. 329, on and
				after July 1, 1992, no contract for goods and services of any type shall be
				awarded by the State or any of its authorities to an employer having 50 or more
				full-time employees unless the employer has established a dependent care
				assistance program ("DCAP") or cafeteria plan whose benefits include a DCAP. As
				alternatives to a cafeteria plan whose benefits include a DCAP, an employer may
				offer its employees child care tuition assistance or on-site or near-site
				subsidized child care placements. In fulfilling its mandate to develop minimum
				standards for child care tuition assistance and on-site or near-site subsidized
				child care placements, the Office for Children has developed
				102 CMR
				12.00.
Code of Massachusetts Regulations › 102 CMR - OFFICE OF CHILD CARE SERVICES › Title 102 CMR 12.00 - Minimum Standards For Child Care Tuition Assistance And On-site Or Near-site Subsidized Child Care Placements › Section 12.03 - General Rules

Current through Register 1525, July 5, 2024
(1)
General Rule
. Except as provided in 102 CMR 12.03(2),
			 the State shall not make an Award of any Contract to an employer unless said
			 employer is a Qualified or Exempt Employer.
(2)
Special
			 Emergency
. Notwithstanding the provisions of 102 CMR 12.03(1), the
			 State may make an Award of a Contract to an employer which is neither Qualified
			 nor Exempt upon certification by the procuring governmental unit and the
			 Secretary that:
(a) failure to award a
			 contract to the particular employer would pose a substantial threat to the
			 life, health, safety, or welfare of persons or the protection of
			 property;
(b) there is only one
			 employer which, by virtue of unique capabilities or circumstances, proprietary
			 technology, exclusive copyrights, patents or licenses, monopoly status
			 (including all cases in which the contractor is a public department or
			 utility), is qualified to deliver the goods or perform the services
			 specifically required and failure to deliver the goods or perform the services
			 specifically required would involve the health or safety of the people or their
			 property; or
(c) requiring
			 compliance with 102 CMR 12.03 would violate federal law, contravene the orders
			 of a court of competent jurisdiction or cause the loss of federal
			 funds.
Code of Massachusetts Regulations › 102 CMR - OFFICE OF CHILD CARE SERVICES › Title 102 CMR 12.00 - Minimum Standards For Child Care Tuition Assistance And On-site Or Near-site Subsidized Child Care Placements › Section 12.04 - Minimum Standards

Current through Register 1525, July 5, 2024
(1)
Dependent care assistance program
. A qualified
			 employer which offers its employees a dependent care assistance program shall
			 meet the requirements of Sections 125 or 129 of the Federal Internal Revenue
			 Code of 1986 or any successor section, as amended and in effect for the taxable
			 year.
(2)
Minimum
			 standard applicable to tuition assistance and on-site or near-site subsidized
			 child care placements
. A qualified employer which chooses to offer
			 to its employees either tuition assistance or on-site or near-site subsidized
			 child care placements shall contribute in cash or in kind a minimum amount
			 equal to at least .25% of the employer's annual gross payroll. For the purposes
			 of 102 CMR 12.04(2), employee is defined as any person who is regularly
			 scheduled to work for an employer for at least 17½ hours per
			 week.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 131.00 - News Media Relations › Section 131.03 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR
				131.00 cancels all previous Department policy
				statements, bulletins, directives, orders, notices, rules or regulations
				regarding news media relations to the extent they are inconsistent with this
				policy.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 131.00 - News Media Relations › Section 131.05 - Access to Policy

Current through Register 1525, July 5, 2024
103 CMR
				131.00 shall be maintained within the Department's
				Central Policy File and shall be accessible to all Department employees. A copy
				of
				103 CMR
				131.00 shall 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 131.00 - News Media Relations › Section 131.07 - News Release Statements

Current through Register 1525, July 5, 2024
The Department is committed to informing the public and the
				news media of events within the agency's areas of responsibility. All
				Department news release statements shall be released to the news media through
				the Office of Communications and Outreach with the Commissioner's approval.
				Employees, contractual staff, and volunteers shall refer all news media
				inquiries to the director of public affairs for official response.
(1) Except as provided in 103 CMR 131.07(2),
			 the Department is prohibited from commenting and/or releasing the following
			 information:
(a) Criminal Offender Record
			 Information (CORI);
(b) Evaluative
			 Information;
(c) Intelligence or
			 Investigative Information;
(d)
			 Medical Data;
(e) Personnel
			 information regarding an employee of the Department of Correction as described
			 in the 103 DOC 204.00:
Personnel Records
policy, available at
http://www.mass.gov/doc/policy
.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 131.00 - News Media Relations › Section 131.08 - News Media Access to Correctional Institutions

Current through Register 1525, July 5, 2024
It is the Department's policy to provide an information program
				that encourages interaction and contact with representatives of the news media.
				In an effort to provide the news media with opportunities to become better
				educated about correctional institutions and/or issues related to
				incarceration, the Commissioner may schedule planned "media days" at which time
				news media tours and information sessions shall be provided within designated
				correctional institutions.
(1)
			 Requests for visits by news media representatives shall not be unreasonably
			 denied. As a general rule, subject to the superintendent's recommendation and
			 Commissioner's approval, the legitimate requirements of maintaining security
			 and order within a correctional institution, the protection of the privacy
			 rights of inmates and employees, and the maintenance of other legitimate
			 penological interests, news media representatives may be admitted to state
			 correctional institutions for one of the following purposes:
(a) To interview an inmate(s);
(b) To interview an employee(s);
(c) To take a scheduled tour;
(d) To create a documentary;
(e) To observe a program;
(f) To take photographs or video
			 recordings.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 131.00 - News Media Relations › Section 131.09 - Evaluation of Access Request

Current through Register 1525, July 5, 2024
(1) Each request
			 for news media access to a correctional institution shall be directed to the
			 director of public affairs and be evaluated by the director of communications
			 and outreach. Such request shall be in writing and shall include :
(a) The name of the publication or electronic
			 broadcast;
(b) The nature of the
			 proposed news item;
(c) The method
			 of coverage and the type of equipment requested for the proposed
			 coverage;
(d) The names of all
			 those requesting access to the facility. When practicable, all names shall be
			 provided to the director of public affairs at least 48 hours prior to the
			 requested visit.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 131.00 - News Media Relations › Section 131.11 - Federal or Other Out-of-state Inmate Interviews

Current through Register 1525, July 5, 2024
(1) Prior to interviewing, photographing or
			 tape recording the voice of any inmate, a representative of the news media must
			 as certain through the director of public affairs whether the inmate is a
			 federal or other out-of-state prisoner.
(2) Where an inmate is a federal or other
			 out-of-state prisoner, no interviews, photographs of or tape recording with the
			 prisoner shall be permitted except where appropriate federal or other
			 out-of-state officials have given written approval to the
			 Commissioner.
(3) Where a
			 representative of the news media is in violation of the 103 CMR 131.11(1) and
			 (2), the privilege to enter a correctional institution may be
			 forfeited.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 131.00 - News Media Relations › Section 131.12 - Employee Interviews

Current through Register 1525, July 5, 2024
(1) Due to the
			 privacy rights of both staff and inmates and the serious nature of correctional
			 issues, each request for access to any employee of the Department as an
			 official who has been authorized to speak on the Department's behalf shall be
			 directed to the director of public affairs and be evaluated by the director of
			 communications and outreach. the director of public affairs shall coordinate
			 the interview upon the approval of the employee, Commissioner, and the
			 superintendent of the employee's institution if the result of the interview
			 does not:
(a) Violate any employee's privacy
			 rights;
(b) Violate an inmate's
			 privacy rights; or
(c) Interfere
			 with the orderly operation of a correctional institution.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 131.00 - News Media Relations › Section 131.13 - Documentaries

Current through Register 1525, July 5, 2024
(1) Representatives of the news media
			 desiring to make documentary films or tape recordings must make said request to
			 the director of public affairs, in writing, which will be evaluated by the
			 director of communications and outreach. Such request for permission shall
			 state the purpose of the documentary, the length of time that the filming or
			 tape recording shall last, the type of activities to be filmed or tape
			 recorded, and the person or persons to be interviewed. To expedite entrance
			 procedures, news media representatives are encouraged to keep equipment needs
			 to a minimum.
(2) The Commissioner,
			 or a designee, may execute an agreement with the makers of the documentary
			 setting forth the conditions (
e.g
., areas of access, time of
			 day) for filming or tape recording the documentary.
(3) The superintendent of the correctional
			 institution shall assign an employee to accompany the makers of the documentary
			 to ensure that any inmate photographed in an identifiable manner, or whose
			 voice has been recorded in such a way as to identify the inmate, has signed a
			 consent form to appear in the film or be heard on tape. Additionally, the
			 assigned employee shall ensure any staff photographed in an identifiable
			 manner, or whose voice has been recorded in such a way as to identify him/her,
			 has signed a consent form to appear in the film or be heard on tape.
(4) The Commissioner or a designee, and the
			 maker of the documentary, shall be entitled to view the documentary before it
			 is shown publicly to ensure that the agreement has been complied with, and that
			 all required consent forms have been signed.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 131.00 - News Media Relations › Section 131.14 - Requests for Public Record Information

Current through Register 1525, July 5, 2024
News media requests for information made under the public
				records law, M.G.L. c. 66, shall be submitted to the director of public affairs
				who will coordinate tracking and ensure timely and appropriate
				responses.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 131.00 - News Media Relations › Section 131.15 - Responsible Staff

Current through Register 1525, July 5, 2024
(1) The director of
			 communications and outreach and the director of public affairs shall be
			 responsible for implementing and monitoring
			 103 CMR
			 131.00 throughout the Department.
(2) Each superintendent shall be responsible
			 for implementing
			 103 CMR
			 131.00, and for the development of any and all
			 necessary and appropriate institution policies and procedures.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 131.00 - News Media Relations › Section 131.16 - Annual Review

Current through Register 1525, July 5, 2024
103 CMR
				131.00 shall be reviewed annually from the effective
				date by the Commissioner or designee . The party or parties conducting the
				review shall develop a memorandum to the Commissioner with a copy to the
				central policy file indicating that the review has been completed.
				Recommendations for revisions, additions, or deletions shall be
				included.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 131.00 - News Media Relations › Section 131.17 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of
				103 CMR
				131.00 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
				articles, section, subsection, sentence, clause or phrase of
				103 CMR
				131.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 155.00 - Inmate Six-Part Folder › Section 155.02 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR
				155.00 cancels all previous Departmental policies, and
				orders for the maintenance of inmate case records, and, specifically, the
				inmate six-part folder.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 155.00 - Inmate Six-Part Folder › Section 155.03 - Applicability

Current through Register 1525, July 5, 2024
103 CMR
				155.00 is applicable to the maintenance of inmate case
				records, and, specifically, the inmate six-part folder, within the Department
				of Correction, both at central office and at all
				institutions.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 155.00 - Inmate Six-Part Folder › Section 155.04 - Access

Current through Register 1525, July 5, 2024
103 CMR
				155.00 shall be maintained in the Central Policy File
				of the Department and shall be accessible to all Department employees.
				103 CMR
				155.00 shall also be maintained in each
				Superintendent's Central Policy File and in each inmate
				library.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 155.00 - Inmate Six-Part Folder › Section 155.05 - Definitions

Current through Register 1525, July 5, 2024
County Federal Interstate Unit (CFI)
.
				A Unit within the Classification Division responsible for issues related to
				inmates who are housed in a county, federal or other state jurisdiction, as
				well as county, federal or other state jurisdiction inmates housed within the
				Department.
Criminal Justice Information System
				(CJIS)
. Database which offers law enforcement and criminal justice
				agencies within the state and across the nation secure access 24 hours per day
				seven days a week to state and interstate criminal history record information,
				protective orders, missing and wanted person files, driver's license and motor
				vehicle information, firearms licensing and gun sales transactions, and other
				critical criminal justice information, via the National Crime Information
				Center (NCIC) and the National Law Enforcement Telecommunications System
				(NLETS).
Detainee
. A person in custody of the
				Department of Correction who is not sentenced and is awaiting the outcome of a
				legal issue.
Detainee Record
. A manila folder
				created to maintain records of detainees.
Index Divider
. A spacer that is placed
				within the positions of the six-part folder to distinguish between sections of
				documents within each position.
Inmate
. For the purposes of
				103 CMR
				155.00 only, any person serving a sentence under the
				law or otherwise in the legal custody of the Department of Correction.
Inmate Sentence Listing
. The form
				providing essential inmate sentencing information including the date of
				imposition of the sentence, any jail credits, effective date of sentence,
				offense, sentence, sentencing court, and sentencing statute.
Official Version
. A statement of the
				facts upon which the inmate's sentence was based.
Position
. One of the six sections
				which exist in every inmate's six-part folder.
Six-part Folder
. An inmate record
				divided into six categories and the computerized inmate record used by the
				Department of Correction for the recording and/or filing of documents in
				accordance with
				103 CMR
				155.06(3).
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 155.00 - Inmate Six-Part Folder › Section 155.06 - Six-part Folder

Current through Register 1525, July 5, 2024
(1)
Organization
. It is the policy of the Department of
			 Correction that each Massachusetts correctional institution shall maintain an
			 inmate record on each inmate within its current population (both sentenced and
			 unsentenced).
The sentenced inmate's record shall be a standardized six-part
				folder containing relevant material related to the inmate's sentencing,
				CJIS/legal issues, classification, correspondence, discipline and activities,
				as outlined by
				103 CMR
				155.00. The six-part folder shall accompany the inmate
				upon a transfer from one institution to another within the Department of
				Correction. The six-part folder shall be organized in a manner which will make
				all data easily accessible for maximum utility, thereby making it an efficient
				tool for security, classification, investigation, and recording of significant
				events or correspondence.
(2)
Format
. The
			 six-part folder shall be divided into six positions. The titles of these
			 positions are as follows:
(a) Position I -
			 Sentencing;
(b) Position II -
			 Legal/CJIS;
(c) Position III -
			 Classification;
(d) Position IV -
			 Correspondence;
(e) Position V -
			 Disciplinary; and
(f) Position VI -
			 Activities.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 155.00 - Inmate Six-Part Folder › Section 155.07 - Detainee Record

Current through Register 1525, July 5, 2024
A detainee record shall be maintained on every detainee.
				Initial construction of the detainee record shall be performed by Records staff
				at the institution that receives the detainee. The detainee record shall be a
				manila folder containing relevant material related to the detainee's
				confinement within the Department of Correction. The folder shall accompany the
				detainee upon a transfer from one institution to another within the Department
				of Correction.
Upon release of the detainee, the detainee record shall be
				maintained at the Department of Correction institution where the detainee was
				located. Records of released detainees shall be maintained by year of release
				and by alphabetical order and shall be stored in accordance with the
				Massachusetts State-wide Record Retention Schedule.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 155.00 - Inmate Six-Part Folder › Section 155.09 - Confidentiality and Accessibility

Current through Register 1525, July 5, 2024
(1)
Responsibility
. Each institution shall be responsible
			 for the maintenance of the six-part folders for its population. The six-part
			 folders shall be kept in a central location, in alphabetical order, with
			 adequate room for their storage and with the ability to be secured during
			 non-business hours.
For inmates outside the jurisdiction of Massachusetts, the CFI
				Unit shall file all appropriate documents, (
e.g
., disciplinary
				reports, classification reports, and progress reports) in the inmate's six-part
				folder. Upon an inmate's return to the jurisdiction of Massachusetts, CFI shall
				notify the designated housing institution, as well as forward the six-part
				folder and
mittimus
to that institution.
(2)
Removal from Institutional
			 Records Department
. The six-part folder should not be taken from
			 the records department unless the sign-out log has been completed, indicating
			 where and with whom the six-part folder can be found. The folder must be
			 returned to the record room at the end of the work day on which it was signed
			 out.
(a)
Institution
			 Staff
. Institution staff, authorized by the Superintendent, and
			 other Department staff authorized by the Commissioner, in accordance with 103
			 DOC 153 and
			 103 CMR 157.00:
Access to and Dissemination of Evaluative Information
, are the
			 only persons who may have access to the six-part folder. Access to the six-part
			 folder is only for purposes related to the fulfillment of job functions.
			 Discretion should be used in discussing the content of the six-part folder
			 because of the confidential nature of the material contained therein.
(b)
Inmates
. In
			 accordance with 103 DOC 153:
CORI Regulations
, inmates may
			 review information about themselves, except as limited by
			 103 CMR 157.00:
Access to and Dissemination of Evaluative
			 Information
.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 155.00 - Inmate Six-Part Folder › Section 155.10 - Auditing of the Six-part Folder

Current through Register 1525, July 5, 2024
The Records Staff at each institution and the CFI unit shall
				audit the six-part folder and
mittimus
upon intake of the
				inmate into the facility and in accordance with the Deduction From Sentence
				Schedule.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 155.00 - Inmate Six-Part Folder › Section 155.11 - Safeguards Against Loss/Destruction

Current through Register 1525, July 5, 2024
The Records Manager or Designee shall be responsible for the
				six-part folders and shall ensure their maintenance in a secured area that is
				safe from unauthorized use, theft, and loss or damage by fire, smoke, and
				water.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 155.00 - Inmate Six-Part Folder › Section 155.13 - Responsible Staff

Current through Register 1525, July 5, 2024
The Superintendent or designee shall be responsible for
				implementing
				103 CMR
				155.00 at each correctional institution. The
				Commissioner shall be responsible for supervising the overall implementation of
				103 CMR
				155.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 155.00 - Inmate Six-Part Folder › Section 155.14 - Annual Review

Current through Register 1525, July 5, 2024
103 CMR
				155.00 shall be reviewed at least annually by the
				Commissioner or 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 155.00 - Inmate Six-Part Folder › Section 155.15 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of
				103 CMR
				155.00 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
				155.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 155.00 - Inmate Six-Part Folder › Section 155.16 - Severability

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause or phrase
				of
				103 CMR
				155.00 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
				155.00.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 157.00 - Access To And Dissemination Of Evaluative Information › Section 157.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				103 CMR 157.00 is to
				establish Department of Correction (Department) guidelines governing the
				content and use of evaluative information, and to govern the inspection,
				receipt of copies, and challenges to such information.
				103 CMR 157.00 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 157.00 - Access To And Dissemination Of Evaluative Information › Section 157.02 - Cancellation

Current through Register 1525, July 5, 2024
103 CMR 157.00 cancels all
				previous Department and institutional policy statements, bulletins, directives,
				orders, notices, rules and regulations regarding access to and dissemination of
				evaluative information.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 157.00 - Access To And Dissemination Of Evaluative Information › Section 157.03 - Applicability

Current through Register 1525, July 5, 2024
103 CMR 157.00 shall apply
				to all inmate evaluative information held by the Department in inmate files,
				and on the Inmate Management System (IMS) database, except the separate
				medical, mental health and dental records.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 157.00 - Access To And Dissemination Of Evaluative Information › Section 157.04 - Access

Current through Register 1525, July 5, 2024
103 CMR 157.00 shall be
				maintained within the Department's central policy file, in each
				Superintendent's Central Policy File and in each inmate library and inmate
				policy manual.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 157.00 - Access To And Dissemination Of Evaluative Information › Section 157.06 - Access to Intelligence Information

Current through Register 1525, July 5, 2024
Requests for access to intelligence information by the
				individual to whom the intelligence information pertains or to the individual's
				approved, third party representative, shall not be granted.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 157.00 - Access To And Dissemination Of Evaluative Information › Section 157.07 - Access to Evaluative Information by the Individual

Current through Register 1525, July 5, 2024
(1) Individuals may request access to their
			 evaluative information in person or by mail. Where practicable, a Massachusetts
			 Department of Correction Application to Review Evaluative Information form
			 shall be used, but failure to use this form by the requesting individual shall
			 not, on its own, prevent access. Current inmates shall direct requests to the
			 screening employee at the correctional institution where such inmate is
			 incarcerated. Former inmates and legal representatives of inmates may submit
			 such requests to the central office screening employee or the appropriate
			 correctional institution.
(2) The
			 screening employee shall review the evaluative information contained in the
			 six-part folder and the IMS database, as applicable, and make a determination
			 regarding review by the individual as follows:
(a) Approval for full review of information
			 requested;
(b) Approval for partial
			 review of information requested; or
(c) Disapproval for review of information
			 requested.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 157.00 - Access To And Dissemination Of Evaluative Information › Section 157.08 - Access to Evaluative Information by Legal Representatives of the Individual

Current through Register 1525, July 5, 2024
(1) Legal
			 representatives of an individual may have access to the individual's evaluative
			 information, subject to the restrictions set forth in
			 103 CMR
			 157.07(3), provided the
			 individual has given informed written authorization for such access and the
			 legal representative so authorized satisfactorily provides identification to
			 the screening employee. Such legal representatives shall include:
(a) The attorney of the individual;
(b) An authorized agent of the individual's
			 attorney who is also an attorney; and,
(c) A law student or paralegal working under
			 the authorization and supervision of the individual's attorney, provided, that
			 the said law student or paralegal submits written documentation from the
			 attorney indicating that the law student or paralegal is working under the
			 authorization and supervision of the attorney. Law students or paralegals who
			 are presently inmates or parolees, or who have been inmates or parolees within
			 the last five years, shall not be permitted access to evaluative information
			 unless the Superintendent or the Assistant Deputy Commissioner of Reentry
			 approves such access.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 157.00 - Access To And Dissemination Of Evaluative Information › Section 157.09 - Access to Evaluative Information by Third Parties

Current through Register 1525, July 5, 2024
(1)
Access to Evaluative
			 Information by Reintegration, Rehabilitation, or Health Agencies
.
			 Agencies or individuals responsible for the reintegration, rehabilitation, or
			 health of an individual, may have access to evaluative information pertaining
			 to the individual where access to such evaluative information is necessary to
			 facilitate such reintegration, rehabilitation, or health. Informed consent for
			 such access by the individual is required unless the individual is unable to
			 give such consent.
(2)
Access to Evaluative Information by Members of an Individual's
			 Family
. Members of an individual's family may have access to
			 evaluative information pertaining to the individual, subject to the provision
			 set forth in
			 103 CMR
			 157.07(3), provided that the
			 individual has given informed consent for such access. In an emergency, where
			 it is appropriate to notify next of kin, and the individual is unable to give
			 his or her informed consent due to a medical or psychiatric disability, such
			 consent shall not be required.
(3)
Access to Evaluative Information by Other Agents for the Sole
			 Purpose of Dissemination
. Any other person may have access to
			 evaluative information pertaining to the individual, subject to the provision
			 set forth in
			 103 CMR
			 157.07(3), provided that the
			 individual has given his or her informed consent for such access; access shall
			 be for the sole purpose of disseminating the evaluative information to the
			 individual where inspection and copying by the individual would cause undue
			 burden. Persons who are presently parolees or inmates, or who have been
			 parolees or inmates within the last five years, shall not be permitted access
			 to evaluative information unless the Superintendent, or the Assistant Deputy
			 Commissioner of Reentry approves such access.
(4)
Access to Evaluative
			 Information by Victims of Crime
. Pursuant to M.G.L. c. 6, §
			 178A, a victim of crime, a witness, or a family member of a homicide victim,
			 all as defined in M.G.L. c. 258B, may obtain, upon registration approval, all
			 available CORI of the person accused of or convicted of said crime. All
			 information received pursuant to
			 803 CMR
			 9.05:
Eligibility for 178A CORI
			 Access
is confidential and shall not be shared by the victim, witness,
			 or family member with any other individual or entity, except as provided by
			 law. Criminal justice agencies may also disclose to individuals registered for
			 178A CORI access such additional information, including, but not limited to,
			 evaluative information as such agencies determine, in their discretion, is
			 reasonably necessary for the security and wellbeing of such persons.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 157.00 - Access To And Dissemination Of Evaluative Information › Section 157.10 - Access to Evaluative Information by Criminal Justice Agencies

Current through Register 1525, July 5, 2024
Access to evaluative information by criminal justice agencies
				shall be subject to the DCJIS regarding access to and dissemination of CORI,
				803 CMR 2.00:
Criminal
				Offender Record Information (CORI)
. Access to evaluative information
				shall be limited to that which is necessary for the discharge of the statutory
				responsibilities of the criminal justice agency.
Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 157.00 - Access To And Dissemination Of Evaluative Information › Section 157.11 - Receipt of a Copy of Evaluative Information by the Individual

Current through Register 1525, July 5, 2024
When the screening employee has determined that the individual
				may review the evaluative information, that individual shall, upon request, be
				permitted to receive one photocopy or the IMS screen print of such evaluative
				information. The Department may impose a charge pursuant to M.G.L. c. 66,
				§ 10(a) and
				950 CMR 32.06(1)(a), (c) and
				(f) for the fulfillment of the request for
				evaluative information.
The same procedures for photocopying or the IMS screen
				printouts and costs apply where a third party has requested and received access
				to the evaluative information, pursuant to
				103 CMR
				157.06 through
				157.09.