Section 421.13 - Fact Finding Aspects of Hearing Before DSU Board(1) The chairperson shall conduct a fact finding hearing at which time the correctional counselor may testify and submit, personally or through other witnesses, written, oral or physical evidence. At the discretion of the chairperson, the hearing may be continued in order to call additional witnesses who will be disclosed to the inmate at the time of the continuance. All evidence considered by the board shall be introduced in the presence of the inmate except informant information, which shall be introduced in accordance with the provisions of 103 CMR 421.14.(2) The inmate shall be allowed to confront and cross-examine the correctional counselor or any witness presented, with the exception of informants as provided in 103 CMR 421.14. Specific inquiry may be limited, however, as to matters which the chairperson deems: (a) Hazardous to personal safety or institutional security;(b) Irrelevant to placement or retention of the inmate in the DSU;(c) Cumulative or repetitive. In the discretion of the chairperson, testimony may be deemed cumulative or repetitive if contained in the record of a prior DSU hearing or disciplinary hearing, or if capable of having been introduced at a disciplinary hearing. Testimony shall be accepted as relevant if it relates to the inmate's recent good conduct, or to any circumstances which tend to explain or mitigate conduct which the board is considering.
(3) The inmate shall be allowed to testify and submit, personally or through other witnesses, written, oral, or physical evidence, subject to the limitations set forth in 103 CMR 421.13(2)(a) through (c) and the availability of the requested witness(es). A witness shall be deemed available unless absent for a prolonged period of time due to illness, vacation, authorized absence, or other good cause. In the event an inmate's witness(es) or line of inquiry is excluded, the inmate shall be permitted to state the substance of the expected testimony. The board shall incorporate in its written report a summary of the expected testimony and the board's reasons for the exclusion or limitation. Whenever a Superintendent or other staff member has submitted to the board a recommendation as to DSU confinement, the inmate is entitled to call that person(s) to the hearing for questioning before the board.(4) The inmate may present an oral and/or written statement as to why he should be permitted to remain in, or return to, the general institutional population.(5) Where a request for an inmate or other witness(es) has been refused pursuant to 103 CMR 421.13(2)(a), the inmate shall be provided assistance with obtaining an affidavit from the requested witness(es).