103 Mass. Reg. 460.06

Current through Register 1523, June 7, 2024
Section 460.06 - Definitions

Behavior Review Committee (BRC) - A committee of Treatment Center staff which determines the validity of any report of inappropriate behavior or a violation of any institutional rules, Department regulations, or laws of the Commonwealth or the United States committed by any Treatment Center resident and, upon a finding that such a report is valid, may impose sanctions upon a Treatment Center resident.

Business Day - Monday through Friday, exclusive of state or federal holidays.

Classification Board - As defined in 103 CMR 420.00, a committee of institutional or departmental employees which makes recommendations to the superintendent concerning an inmate's program participation or placement within the Department of Correction.

Clinical Director of Treatment - The Treatment Center staff person responsible for the development, implementation and review of the clinical components at the Massachusetts Treatment Center.

Commissioner - Commissioner of Correction.

Community Access Board (CAB) - A board established pursuant to M.G.L. c. 123A, § 6A and consisting of five members appointed by the Commissioner, whose function is to consider a person's placement within a community access program and conduct an annual review of Treatment Center residents' sexual dangerousness.

Correctional Institution - A state, county or contract correctional facility located within Massachusetts.

Department - The Department of Correction

Director of Classification - The Superintendent's designee who is responsible for overseeing and coordinating the classification and transfer board processes at the Treatment Center.

Emergency - A threat to the safety, security or orderly administration of the Treatment Center or to the safety or security of staff, residents, or other persons.

Resident - A person committed to the Treatment Center pursuant to M.G.L. c. 123A as a Sexually Dangerous Person.

Sexually Dangerous Person - As defined in M.G.L. c. 123A, § 1: any person who has been:

(a) convicted of or adjudicated as a delinquent juvenile or youthful offender by reason of a sexual offense and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in sexual offenses if not confined to a secure facility;

(b) charged with a sexual offense and was determined to be incompetent to stand trial and who suffers from a mental abnormality or personality disorder with makes such person likely to engage in sexual offenses if not confined to a secure facility; or

(c) previously adjudicated as such by a court of the commonwealth and whose misconduct in sexual matters indicates a general lack of power to control his sexual impulses, as evidenced by repetitive or compulsive sexual misconduct by either violence against any victim, or aggression against any victim under the age of 16 years, and who, as a result, is likely to attack or otherwise inflict injury on such victims because of his uncontrolled or uncontrollable desires.

Superintendent - The chief administrative officer of the Treatment Center.

Transfer - The act of moving a Treatment Center resident from the Treatment Center to another correctional facility within Massachusetts upon approval of the Commissioner or a designee.

Transfer Board - The board established pursuant to M.G.L. c. 123A, § 2A whose function is to make recommendations for the transfer of a Treatment Center resident from the Treatment Center to another correctional institution designated by the Commissioner.

Treatment Center - As created by M.G.L. c. 123A, § 2 the correctional institution for the care, custody, treatment, and rehabilitation of persons adjudicated as being sexually dangerous.

103 CMR 460.06