103 Mass. Reg. 431.12

Current through Register 1523, June 7, 2024

Section 431.12 - Sanctions

The range of sanctions following a finding by the B.R.C. that it is more likely than not that the incident occurred as reported, includes, but is not limited to those set forth in 103 CMR 431.12. In selecting and imposing an appropriate sanction or sanctions, the B.R.C. should consider the following guidelines, which permit the B.R.C. to tailor the sanction to the offense, and to take into account any mitigating or aggravating circumstances which the B.R.C. may note in its decision:

(1)Greatest Severity.

Category I (Mitigating Circumstances)

-Minimum Privilege Unit for up to ten days.

-Loss of related privileges for up to 60 days.

-Restitution.

-Recommendation for forfeiture of good time.

-Loss of job.

Category II

-Minimum Privilege Unit for up to 20 days.

-Loss of related privileges for up to 70 days.

-Restitution.

-Recommendation for forfeiture of good time.

-Loss of job.

Category III (Aggravating Circumstances)

-Minimum Privilege Unit for up to 30 days.

-Loss of related privileges for up to 80 days.

-Restitution.

-Recommendation for forfeiture of good time.

-Loss of job.

(2)High Category

Category I (Mitigating Circumstances)

-Room restriction up to seven days, except for visits and treatment.

-Loss of related privileges for up to 30 days.

-Suspension of job for up to 30 days.

-Restitution.

Category II

-Room restriction for up to ten days, except for treatment.

-Loss of related privileges for up to 40 days.

-Loss of job.

-Restitution.

Category III (Aggravating Circumstances)

-Minimum Privilege Unit for up to five days.

-Loss of related privileges for up to 50 days.

-Restitution.

-Recommendation for forfeiture of good time.

(3)Moderate Category

Category I (Mitigating Circumstances)

-Loss of related privileges for up to ten days.

-Restitution.

-Community services for up to ten hours.

Category II

-Unit confinement for up to five days, except treatment.

-Restitution.

-Loss of related privileges for up to 15 days.

Category III Aggravating Circumstances)

-Room confinement for up to five days, except treatment, visits and gym.

-Community service for up to 25 hours.

-Restitution.

-Loss of related privileges.

(4)Low Category

Category I (Mitigating Circumstances)

-Unwritten warning. -Restitution.

Category II

-Written warning.

-Restitution.

-Loss of related privileges for up to 24 hours.

Category III (Aggravating Circumstances)

-Loss of related privileges for up to five days.

-Restitution.

-Community service for up to five hours.

(5) Any case in which the sanction includes a recommended good time forfeiture shall be submitted to the Commissioner for his determination as to what part, if any, of a resident's good time credits shall be forfeited pursuant thereto. The Commissioner may order a forfeiture of all good time credits by a resident. M.G.L. c. 127, § 129. The Commissioner may accept or reduce the B.RC.'s recommended forfeiture of good conduct credits.

(6) Implementation of a sanction of restitution will follow the procedures set forth in 103 CMR 405.17.

(7) The B.RC. may suspend sanctions imposed for severe and high offenses for a period to time not to exceed six months and for moderate and low offenses for a period of time not to exceed three months.

(8) In addition to imposing a sanction, the B.RC. may refer a resident serving a criminal sentence to the Transfer Board as provided by 103 CMR 460.08(2). The resident and the Superintendent shall receive written notice of the referral.

(9) In any case, regardless of outcome, the B.R.C. may refer the resident for therapeutic outcome, if appropriate.

(10) At the conclusion of the hearings process, the B.R.C. shall forward the hearings records to the Deputy Superintendent of Operations to review to assure conformity with 103 CMR 431.00.

103 CMR 431.12