103 CMR, § 405.11

Current through Register 1536, December 6, 2024
Section 405.11 - Disbursement of Funds Procedures
(1) Whenever an I/I or C/C wishes to request the disbursement of funds from any of their FAs, the I/I or C/C shall:
(a) complete, and sign a Department standardized Disbursement Slip. The Department will utilize the same Disbursement Slip at all institutions.
(2) I/Is and C/Cs shall be permitted to disburse unearned funds in any amount, provided the request for disbursement is verified as set forth in 103 CMR 405.11(7).
(3) If an I/I or C/C indicates that they wish to disburse funds from Earned Funds, regardless of whether the Earned Funds are in a Savings Account or Personal Account, the funds shall only be eligible for potential disbursement if the Superintendent, in the Superintendent's discretion, makes a determination of a compelling need in accordance with M.G.L. c. 127, § 48A; notwithstanding this determination, the request for disbursement must still be processed in accordance with 103 CMR 405.11(6).
(4) The I/I or C/C shall submit the Disbursement Slip, in person, to their designated Correctional Program Officer/designee. The I/I or C/C may provide, as an attachment to the Disbursement Slip, documentation reflecting the purpose of the request (i.e., a bill or order form). If possible, all disbursements shall be made payable directly to the billing entity or identified recipient.
(5) The Correctional Program Officer/designee who receives the Disbursement Slip shall verify the I/I's or C/C's identification and sign the Disbursement Slip.
(6) Disbursement Slips shall be made available to the I/Is and C/Cs at designated area(s) within the correctional institution and when filled out, shall include:
(a) Date;
(b) Amount to be withdrawn;
(c) The type of funds the I/I or C/C is requesting funds be disbursed;
(d) Purpose;
(e) The I/I's or C/C's printed name, signature, and commitment number;
(f) Correctional Program Officer/designee verification signature; and
(g) Signature of the Deputy Superintendent indicating approval or denial of the request.
(7)Verification Process for Disbursement of Funds
(a) Disbursements shall be permitted unless the Deputy Superintendent or their designee determines that the request is in violation of law or is in violation of 103 CMR 405.00: Fund Accounts, 103 CMR 430.00: Inmate Discipline, 103 DOC 525, Inmate Substance Abuse Monitoring and Testing, or is in violation of such other regulations or policies as may be specified in guidelines issued under this paragraph. The Department may conduct an internal review to determine whether the request for disbursement is in violation of law or applicable policies or regulations. As part of such review, the Department may request that the I/I or C/C provide additional information or documentation concerning the purpose of the request, but an I/I's or C/C's failure to provide such requested information or documentation shall not be the sole grounds for denial of the request for disbursement. The Department shall approve or deny the request for disbursement within ten business days of the submission of the request for disbursement unless the Deputy Superintendent advises the I/I or C/C in writing the reason that an additional period of up to 20 business days is required to make a determination. If the disbursement request is denied by the Deputy Superintendent or designee, the I/I or C/C may request a review by the Superintendent. The Department may develop internal guidelines to assist with the review of disbursement requests by the Superintendent, the Deputy Superintendent, or the Deputy Superintendent's designee.
(b) If the Deputy Superintendent or Superintendent/Designee denies the I/I's or C/C's request, the Deputy Superintendent or Superintendent/Designee shall provide the I/I or C/C with the reason(s) for the denial in writing.
(c) If the Deputy Superintendent or Superintendent/Designee, as applicable, approves the I/I's request, the Deputy Superintendent or Superintendent/Designee shall sign the request slip and submit the signed slip, along with any pertinent documentation, such as the bill to be paid or the order form for any gifts, to the Treasurer's Office for processing in accordance with 103 CMR 405.11(4).
(d) If the I/I or C/C disagrees with the final decision regarding disbursement, the I/I or C/C may appeal the determination by submitting a grievance in accordance with 103 CMR 491.00: Inmate Grievances.
(8) Once the I/I's or C/C's disbursement request has been approved, Fiscal Staff shall take the Disbursement Slip and:
(a) Ensure that the staff member's verification is present;
(b) Check the I/I's or C/C's account to ascertain there are sufficient funds for withdrawal.
(9) The Treasurer/designee shall follow these procedures for preparing checks:
(a)Checks. All approved requests for checks shall be entered into the FAS. Although DOC's system allows for the manual issuing of a check or checks, manual checks should only be issued when an I/I or C/C is being released and the FAS is not available to print checks.
(b)Persons Authorized to Sign I/I or C/C Checks. At a minimum, any institution that has an Institutional Treasurer or an Assistant Institutional Treasurer's position shall authorize the Institutional Treasurer and Assistant Institutional Treasurer to sign I/I or C/C checks. The Superintendent or other management staff should be authorized to sign checks to avoid the same staff member disbursing and signing the checks. This will ensure segregation of duties. By signing, staff are indicating that they have examined the check and backup documentation to ensure that the check information is correct, and the disbursement is being made in compliance with Department policy.
(c)Petty Cash. A Petty Cash fund may be established to provide quick access to cash when necessary. No Petty Cash fund shall exceed $200 without written authorization from the Executive Director of Administrative Services. Disbursements from the Petty Cash fund shall be made for the purpose of providing cash for the I/I's or C/C's release. The dollar amount of monies disbursed from this fund should be limited to a maximum of $50.

103 CMR, § 405.11

Amended by Mass Register Issue 1342, eff. 6/30/2017.
Amended by Mass Register Issue 1517, eff. 3/15/2024.
Amended by Mass Register Issue 1519, eff. 3/15/2024.