103 Mass. Reg. 430.17

Current through Register 1523, June 7, 2024
Section 430.17 - Record of Disciplinary Proceedings
(1) If a guilty finding is reached, the Hearing Officer shall prepare a written decision containing the following:
(a) a description of the evidence relied upon in reaching the guilty finding;
(b) a statement of the reason(s) for the sanction recommendations, including any mitigating circumstances;
(c) an explanation for the exclusion of evidence and witnesses;
(d) a notice of the right of appeal.

This written decision shall be given to the inmate within five business days of the close of the hearing.

A copy of the findings and sanctions (if any) shall also be sent directly to the individual who represented the inmate at the disciplinary hearing via mail, facsimile or electronic means, at the request of the inmate or the inmate's representative.

(2) The evidence relied upon for the guilty finding and the reasons for the sanction recommendation shall be set out in specific terms. Where the hearing has involved the use of informant information, the statement of the evidence shall be set out in accordance with 103 CMR 430.15.
(3) The Disciplinary Officer shall maintain all disciplinary decisions, dispositions and appeal results. The Disciplinary Officer shall regularly confer with supervisory staff regarding the disciplinary decisions and appeals resulting from disciplinary reports written by their subordinate staff to benefit and learn from this feedback.
(4) Where the inmate has been found guilty, all reports, notices, correspondence, requests and any other related documents shall be kept in the inmate's institutional and central office records.

103 CMR 430.17

Amended by Mass Register Issue 1341, eff. 6/19/2017.
Amended by Mass Register Issue 1387, eff. 3/22/2019.