Section 430.33 - DDU Conditions(1) Inmates in DDU shall be provided the following:(a) meals that meet the same standards established by the commissioner for general population inmates;(b) access to showers and shaving not less than three days per week;(c) issuance of an allowed exchange of clothing, bedding, and linen, and provided laundry, barbering, and hair care services on the same basis as general population;(d) the same opportunities for writing and receipt of letters as is available to the general population;(e) access to legal materials and legal reference material;(f) rights of visitation and communication by those properly authorized; provided, however, that the authorization may be diminished for the enforcement of discipline for a period not to exceed 15 days for each offense;(g) access to reading and writing materials and the opportunity to borrow reading materials from the institution library unless clinically contraindicated;(h) access to either a radio or television, the choice of which will be in the Department's sole discretion, if confinement exceeds 30 days;(i) periodic mental and psychiatric examinations under the supervision of the Department of Mental Health;(j) medical and psychiatric treatment as clinically indicated under the supervision of the Department of Mental Health;(k) access to canteen purchases and privileges to retain property in a cell as as provided by 103 CMR 403.00: Inmate Property, however, that such access and privileges may be diminished for the enforcement of discipline for a period not to exceed 15 days for each offense or where inconsistent with the security of the unit;(l) One hour of exercise per day outside their cells, five days per week, unless security or safety considerations dictate otherwise. Additional out-of-cell time shall be provided as required by 103 DOC 650: Mental Health Services;(m) telephone privileges in accordance with 103 CMR 482.00: Telephone Access and Use. Superintendents may set limits on the permitted number of telephone calls; and(n) the same access to disability accommodations as inmates in general population, except where inconsistent with the security of the unit.(2) Notwithstanding the provisions of 103 CMR 430.33, the Superintendent may further limit the amount of property and issue scrubs in lieu of such clothing for security purposes if there is imminent danger that an inmate or inmates will destroy an item, or induce injury to self or others.(3) To maximize out-of-cell activities, the Superintendent or designee shall assess whether, and to what extent, out-of-cell activities over and above five hours per week of out-of-cell recreation time (i.e., one hour per day, five days a week) per inmate are consistent with the safety and security of all staff and inmates in the DDU. Such additional out-of-cell activities may include, but not be limited to, additional recreation periods, longer recreational periods, or programming. In assessing whether additional out-of-cell activities or programs can safely be offered, the Superintendent or designee shall consider any factors deemed pertinent to such assessment, including but not limited to, the number of inmates in the DDU, the number of available correction officers, the number of available program staff, the availability of physical space in the unit, the nature of the threat posed by particular inmates, and/or the climate of the DDU.
Adopted by Mass Register Issue 1387, eff. 3/22/2019.