103 Mass. Reg. 430.30

Current through Register 1523, June 7, 2024
Section 430.30 - DDU Reviews
(1) An inmate who has been sanctioned to disciplinary Restrictive Housing in the DDU shall be reviewed by the Placement Review Committee 180 days after the effective date of the DDU sanction, i.e., the date that the Deputy Commissioner of the Prison Division issues written authorization for the DDU sanction, and every 90 days thereafter.
(2) For each Placement Review, the inmate shall be:
(a) provided with 24 hours written notice prior to each Placement Review;
(b) provided the opportunity to participate in each Placement Review in writing;
(c) upon review, if no placement change is ordered, provided a written statement as to the evidence relied on and the reasons for the placement decision; and
(d) advised as to behavior standards and program participation goals that will increase the inmate's chances of a less restrictive placement upon next Placement Review if no placement change was ordered.
(3) After each Placement Review, the inmate shall be retained in the DDU only if the superintendent or designee determines that the inmate poses an unacceptable risk:
(a) to the safety of others;
(b) of damage or destruction or property; or
(c) to the operation of a correctional facility.
(4) If the Placement Review Committee or superintendent or designee recommends that the inmate should be released from the DDU, the recommendation shall be forwarded to the Deputy Commissioner of the Prison Division for final determination. If the Deputy Commissioner determines that the inmate should be released from the DDU, the Deputy Commissioner will determine the status of the remaining time left to serve on the DDU sanction (whether the sanction shall be deemed served, remainder of sanction suspended, etc.). When the remainder of a DDU sanction is suspended, the suspension is conditional upon the inmate's disciplinary behavior; if the inmate receives a new disciplinary report for a Category 1 or Category 2 offense, the Deputy Commissioner of the Prison Division shall conduct a desk review to determine whether the inmate's disciplinary behavior warrants the resumption of the DDU sanction. The original termination date of the DDU sanction shall remain in effect. If the determination is made by the Deputy Commissioner that the inmate will be released from the DDU prior to the expiration of the DDU sanction, a classification board shall be held in accordance with 103 CMR 420.00: Classification.
(5) The DDU correctional program officer shall maintain Placement Review records.

103 CMR 430.30

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