103 Mass. Reg. 463.15

Current through Register 1523, June 7, 2024
Section 463.15 - Duties and Responsibilities
(1)Institution Furlough Coordinator: The duties and responsibilities of the institution furlough coordinator shall include:
(a) receiving and reviewing the furlough application of an inmate and preparing the furlough authorization sheet;
(b) insuring that the inmate is eligible and suitable to apply for furloughs in accordance with 103 CMR 463.07 and prescribed institution procedures as required by 103 CMR 463.12(2);
(c) participating in an institution orientation program for inmates and sponsors and informing them of the rules and regulations of the furlough program as established by 103 CMR 463.00;
(d) working in conjunction with institution furlough investigators for the purpose of determining the suitability of proposed furlough sponsors;
(e) receiving the most recent institution classification board report and reviewing the same to ensure that the inmate does not have pending legal issues and has received clearance as not a sexually dangerous person pursuant to M.G.L. c. 123A (if applicable);
(f) requiring an inmate to sign a waiver granting his sponsor access to his CORI records, as defined in 103 CMR 153.00;
(g) verifying the information contained on the furlough application including sponsor, transportation arrangements, medical issues and destinations listed on the itinerary;
(h) forwarding the application, authorization sheet, sponsor approval forms and results of sponsor investigation, department classification board report, results of police chief interview, and CORI

A interview (if applicable), to the Institution Furlough Panel and Superintendent and insuring that each has signed and made notations in the appropriate areas of each form as required;

(i) forwarding the application sheet and accompanying documentation to the Central Furlough Unit.
(j) receiving the results of the Commissioner or his designee's decision and informing the institution Superintendent and the inmate;
(k) assisting the inmate in signing the authorization sheet and informing the inmate of any conditions or restrictions determined by the Commissioner or his designee;
(l) receiving completed progress reports from required institution staff and forwarding same to the institution furlough panel for its review when considering an inmate for a subsequent furlough;
(m) assisting the inmate in the development of his furlough plans;
(n) advising inmates regarding the use of furlough time and the budgeting of furlough hours during the course of the furlough year;
(o) providing written notification to the inmate's sponsor and any CORI A petitioner of the inmate's release on furlough;
(p) notifying local police and the Department of Public Safety of the planned release of an inmate on furlough;
(q) insuring that all furlough record information is properly recorded in the inmate's furlough folder and maintain a current log of the cumulative number of furlough hours used during the furlough year by the inmate;
(r) preparing and forwarding the furlough roster on a weekly basis to the research division of the Department and the central office furlough unit;
(s) providing the inmate with a furlough pass book and insuring the inmate has read and understands the rules contained therein.
(2)Institution Furlough Panel: The duties and responsibilities of the institution furlough panel shall include:
(a) insuring that its composition is in accordance with 103 CMR 463.10;
(b) convening on a regular and continuing basis to consider the furlough application of inmates;
(c) reviewing the furlough application and all accompanying documentation for completeness and accuracy and interviewing the inmate as required;
(d) deferring a recommendation on a furlough application when such an application or any accompanying documentation is incomplete or inaccurate or there exists an unresolved issue which may affect the recommendation of the institution furlough panel;
(e) providing written documentation on the authorization sheet to the Superintendent regarding the votes of each panel member and the panel's recommendation with reasons for approval or denial, or approval with conditions of the inmate's furlough application.
(3)Superintendent: The duties and responsibilities of the Superintendent shall include:
(a) reviewing all furlough applications and furlough authorization sheets and accompanying documentation for completeness and accuracy and conformance with these regulations;
(b) deciding to approve, deny or approve with conditions the furlough application of an inmate and recommending the approval, denial or approval with conditions of an initial furlough to the Commissioner;
(c) deferring a decision on a furlough application due to incomplete or inaccurate information or the need for further verification of the inmate's furlough plans or the existence of an unresolved issue that may affect the decision of the superintendent;
(d) reviewing an approved furlough application of an inmate transferred to another state correctional facility and determining whether to release the inmate on furlough or to require the inmate to reapply according to institution procedures established pursuant to 103 CMR 463.12(2);
(e) interviewing an inmate prior to the initial furlough and quarterly during the inmate's furlough year, said interview to be documented and placed in the inmate's furlough folder.
(4)Commissioner's Furlough Panel: The duties and responsibilities of the Commissioner's furlough panel shall include:
(a) insuring that its composition is in accordance with 103 CMR 463.00;
(b) reviewing all furlough applications, and furlough authorization sheets and accompanying documentation, and insuring conformance with 103 CMR 463.00.
(c) recommending to the Commissioner or his designee the approval or denial or approval with certain conditions the furlough application of an inmate. Said recommendation to be documented noting the votes and comments of each panel member.
(5)Commissioner or Commissioner's designee: The duties and responsibilities of the Commissioner or his designee shall include:
(a) reviewing all furlough applications, authorization sheets and accompanying documentation submitted by the Commissioner's furlough panel to insure conformance with 103 CMR 463.00;
(b) approving, denying or approving with certain conditions the application for an initial furlough, emergency furlough, or emergency furlough under escort;
(c) deferring an application for furlough due to incomplete or inaccurate information or for further verification of the details of the inmate's release on furlough;
(d) completing the furlough authorization sheet with a decision of approval or denial of the furlough noting the reasons and any conditions or restrictions.

103 CMR 463.15