Section 420.07 - Initial Classification Process(1) Upon commitment to the DOC, each inmate shall be admitted to a Reception Center or assigned by the Commissioner or designee to an institution where the inmate shall undergo an initial classification process. The process shall provide an opportunity for the Reception Center staff members to become acquainted with each inmate through individual assessment, testing, and structured interviews. In instances where language barriers exist, the Telephone Interpreter Service shall be used, and its use documented. Moreover, hearing impaired inmates may request a hearing impaired interpreter pursuant to the procedures set forth in 103 DOC 408: Reasonable Accommodations for Inmates, available at: http://www.mass.gov/eopss/law-enforcement-and-cj/prisons/doc-policies. The initial classification process shall normally be completed within four weeks of admission except in unusual circumstances which may include, but are not limited to: (a) Lack of data necessary to conduct the hearing (i.e. problems with mittimus, inmate sentence listing with date calculation, OV, CJIS checks, and adjustment information on prior incarcerations/awaiting trial);(b) Intervening medical/mental health placement;(c) Female inmates waiting to complete the First Step Program at MCI-Framingham. In cases where the initial classification has been delayed, a board shall be scheduled as soon as possible, but no later than 90 days from admission when the board shall proceed on the basis of all available information.
(2)Case Preparation. The CPO shall review all classification information compiled in the IMS database, consult with key staff members, when appropriate, and review other records as necessary, including the six-part folder, pre-sentence summary reports, the OV, and prior incarceration records, to compile the information required for initial classification. Information used for classification shall be reviewed, entered or updated as necessary. The CPO shall complete the appropriate Objective Point Base Classification Form, which involves the scoring of classification variables and the identification of potential overrides or restrictions. A risk assessment shall be completed by designated staff for male inmates serving a sentence of more than one year and female inmates serving a sentence of more than 90 days as part of the initial classification process. Designated staff need only complete the criminal history section of the risk assessment for inmates serving a nonparoleable life sentence. A new assessment shall not be required for parole violators released from custody for less than a six month period.(3)Initial Classification Hearing. An inmate shall be scheduled for an initial classification hearing by the institutional Director of Classification or designee. Prior to the hearing, the inmate shall be interviewed by the assigned CPO to discuss pertinent aspects of the inmate's case. The discussion shall include, but not be limited to, the inmate's custody status, the inmate's version of the crime, the objective classification score including possible restrictions or overrides, and the classification appeal process. A classification board shall be convened to make recommendations to the Commissioner or designee concerning an inmate's placement. The following standards shall be adhered to regarding the initial classification process: (a)Board Membership. All classification boards shall be comprised of three DOC staff members appointed by the Superintendent or designee. One board member shall be selected by the Superintendent to act as Chairperson, and shall be responsible for the overall quality of the review process and for ensuring compliance with existing classification policies and procedures, in accordance with M.G.L. c. 127, § 20. Chairpersons shall normally be in a supervisory position. All chairpersons must complete a specialized training program prior to being assigned chairperson responsibilities. In an institution designated by the Commissioner as maximum or medium custody, one member shall be a Correction Officer. In an institution designated by the Commissioner as minimum or pre-release custody, one member shall be an employee whose primary role includes security responsibilities.
Members of a Department Review Board (as described in 103 CMR 420.09 ) shall be appointed by the Commissioner or a designee.
(b)Legal Representation. Whenever an inmate could be considered for an increased custody level, except at initial classification, the inmate may be represented by an attorney or law student at that hearing. A legal representative shall be allowed a request to reschedule so long as the request does not cause undue delay or is otherwise unreasonable. The legal representative may only make a statement on behalf of the inmate. The legal representative shall be directed by the chairperson to leave the hearing room with the inmate when the board deliberates and votes on the case.(c)Notice of Hearing. The inmate shall be provided with at least 48 hours advance written notice of the scheduled classification hearing. Notice shall be documented and may be waived by the inmate in writing.(d)Case Presentation. The inmate's assigned CPO shall make a comprehensive oral presentation to the classification board, utilizing information compiled during the case preparation while focusing on the inmate's objective classification score and any applicable restriction(s) or override(s), as outlined in the Objective Classification Operational Manual.(e)Inmate Presentation. Following the CPO's presentation, the inmate shall appear before the classification board. In an effort to promote responsible reintegration and aid in the reentry process, inmates are expected to attend and participate in every classification hearing. The classification hearing allows for discussions regarding the objective point base classification score and applicable restrictions or overrides, adjustment issues, program goals and institution requests. In the event that the inmate is unable or unwilling to attend the classification board hearing, the Chairperson of the board shall, in the absence of justifiable reasons for the inmate's failure to attend, proceed with the hearing. Hearings held in absentia shall be documented in IMS as such.(f)Classification Board Recommendation. Once all relevant information is presented to the classification board, the Chairperson shall direct the inmate to leave the hearing room so that the board may deliberate. The board shall utilize the scored custody level and any applicable restriction or override in its final recommendation to the Commissioner or designee concerning the inmate's placement and programming within the correctional system. The final recommendation shall be determined by a majority vote. Each board member, including the Chairperson, shall have one equal vote. The board's recommendation and rationale, as well as reasons, if any, for a minority vote shall be recorded. Further, any use of a restriction or override must be noted and a rationale provided for any override. The inmate shall normally be called back into the hearing room and verbally notified of the board's recommendation and thereafter in writing by receiving a copy of the decision page of the Classification Report. The recommendation will include the date of reclassification. The reclassification date will be one year after the date of the hearing unless an override was used in which case the reclassification date will be six months after the date of the hearing. This will be the inmate's next scheduled classification unless an earlier classification is deemed appropriate by the classification board or institutional Director of Classification. The recommendation and related materials should be submitted for quality assurance to the institutional Director of Classification or designee and then to the Commissioner or designee normally within ten business days after the hearing.(g)Quality Assurance. All classification board recommendations shall undergo a quality assurance process which involves a review by the Institutional Director of Classification or designee (the designee must not have been a member of that classification board) who shall review the report for completeness and accuracy. In the event that any data is found to be incomplete or inaccurate, the report shall be returned to the assigned CPO for correction. Further, any incomplete or inaccurate data in any source screen that contributes information to the classification report must be promptly reported and corrected. Once the quality assurance has been completed, the report will be forwarded to the Commissioner or designee,(h)Inmate Appeal. Where an inmate disagrees with the classification board recommendation; supports a recommendation made or waives the appeal process, the inmate or a legal representative shall submit an Inmate Placement Request/Appeal Form within five business days of written notification of the board's recommendation. The Inmate Placement Request/Appeal Form shall be provided to inmates at the conclusion of every classification hearing or review. The Inmate Placement Request/Appeal Form will not be accepted after five business days have elapsed unless otherwise approved by the Institutional Director of Classification or designee. Upon receipt of the Inmate Placement Request/ Appeal Form, the CPO shall enter the information into IMS.(i)Commissioner or Designee Review. The Commissioner's designee shall review the classification information to include the objective point base classification score and applicable restrictions or overrides, and any Inmate Placement Request/Appeal submitted. The Commissioner or designee shall utilize the scored custody level and any applicable restrictions or overrides to render a final placement decision, but is not limited to consideration of same. The goal in each case is to render a decision within 20 business days. Institutional personnel shall notify the inmate of the final decision by providing a copy of the decision page to the inmate. The decision of the Commissioner or designee is final and cannot be appealed.(j)Staff Signatures. Staff signatures are documented via electronic signatures, (k)Decision Modifications. Classification hearing transfer decisions may be modified by the Commissioner or designee only in the following instances: 1. The inmate's medical/mental health cannot be met at the receiving facility;2. The existence of an inmate or staff conflict;3. The inmate's refusal to transfer;4. Where a modification would result in an equal or lesser custody level. Modifications must be made as soon as the need for modification is known, but no later than 60 business days after an inmate's transfer. Institutional personnel shall notify the inmate of the modification by providing a copy of the decision page to the inmate.Amended by Mass Register Issue 1353, eff. 12/1/2017.