Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.12 - Representation of Inmates, Special Accommodations, and the Recording of Proceedings

Current through Register 1525, July 5, 2024
(1) An inmate may
			 be represented by an attorney or a law student in disciplinary proceedings in
			 accordance with 103 CMR 430.00. It is the inmate's responsibility to secure
			 such representation. The inmate shall be allowed to make, or have made on the
			 inmate's behalf, a telephone call for that purpose. If a representative agrees
			 to represent an inmate, he or she shall provide written notice to the
			 Disciplinary Officer. Provided written notice is received, a Disciplinary
			 Officer shall allow a continuance request unless the Disciplinary Officer
			 determines the continuance would cause undue delay or is otherwise
			 unreasonable. The inmate's representative shall be entitled to make one amended
			 written request for witnesses, evidence or the reporting staff person's
			 presence, provided that such amended request is communicated to the
			 Disciplinary Officer at least three business days prior to the scheduled time
			 for the hearing.
(2) Where an
			 inmate is illiterate or non-English speaking, or where the issues presented are
			 complex, the inmate shall be afforded the right to be assisted by a staff
			 member designated by the Disciplinary Officer or by the Department's designated
			 telephonic interpreter service. It shall be the inmate's responsibility to
			 request such assistance within a reasonable time prior to the scheduled
			 hearing.
(3) An inmate, either
			 verbally or in writing, may seek an accommodation pursuant to 103 DOC 408:
Reasonable Accommodations for Inmates
, for any of the
			 procedures set forth in 103 CMR 430.00. Whenever said request is made, the
			 Institution's Americans with Disabilities Act (ADA) Coordinator shall determine
			 what accommodations, if any, are reasonable pursuant to the procedures set
			 forth in 103 DOC 408.
(4) An inmate
			 shall be permitted to record a hearing before a Hearing Officer through use of
			 tape or electronic recording equipment provided by the inmate or the inmate's
			 representative. Upon timely request by the inmate to the Disciplinary Officer,
			 ordinarily to be made along with the inmate's request for
			 representation/witness form, but in no case less than 48 hours prior to the
			 hearing, the Hearing Officer or designee shall record the hearing
			 electronically and provide a copy of the hearing for the inmate's use with a
			 reasonable charge to be paid by the inmate. An indigent inmate, as defined by
			 103 CMR 481.00:
Inmate Mail
, shall be afforded a recorded copy
			 of the hearing upon prior written request by the inmate or the inmate's
			 representative. The inmate shall be required to deliver any recordings so used
			 to the Hearing Officer at the close of the disciplinary hearing. The Hearing
			 Officer shall deliver such recording(s) to the Disciplinary Officer who shall
			 be responsible for the safekeeping of the recordings. The inmate or the
			 inmate's representative shall have access to the recording(s) for future
			 reference and the representative shall be permitted to make and retain a
			 duplicate recording at the hearing.