103 Mass. Reg. 471.05

Current through Register 1523, June 7, 2024
Section 471.05 - Definitions

Accredited Representative. Clergy authorized by the central or local governing body of a recognized religious group or denomination to represent that group or denomination in performing religious programs and services.

Approved Visiting Area. Areas so designated by the Superintendent or a designee where inmates and their visitors may conduct visits.

Assistant Deputy Commissioner of Reentry. The executive staff person whose duties include, but are not limited to, the management of Classification, Inmate Training and Education, Programs and Reentry Divisions.

Assistant Deputy Commissioner - Northern/Southern Sector. The senior level managers who report to the Deputy Commissioner, Prison Division and are responsible for ensuring policy compliance and standardization of procedures for facilities in each sector, in such areas as staff development, labor management, disorder management, and overall operations.

Clergy. A person ordained to perform pastoral or sacerdotal functions in a Christian church or the official of a non-Christian church.

Commissioner. Commissioner of the Department of Correction.

Community Religious Volunteer. Any person from the community, 21 years of age or older, and approved via the volunteer application process to assist a chaplain and/or to provide religious programs or services to inmates.

Department. The Department of Correction.

Deputy Commissioner of Clinical Services and Reentry. The executive staff person whose duties include, but are not limited to, the management of Classification, Inmate Training and Education, Health Services, Programs and Reentry Divisions.

Inmate Management System (IMS). The Department's automated information system that provides processing, storage and retrieval of inmate related information needed by Department personnel and other authorized users within the criminal justice system.

Inmate Religious Services Request Form. The form that shall be used to initiate all inmate requests for religious services or religious items not presently approved. The Inmate Religious Services Request Form is available in all inmate libraries.

Institution Chaplain. A member of a recognized religious group or denomination who is employed by the Department to provide religious programs and pastoral services to inmates.

Ordain. To invest officially with ministerial or priestly authority.

Religious Program. A program which is religious in nature and which serves to provide religious education.

Religious Service. A meeting which is religious in nature and provides an opportunity for worship, fellowship, and/or congregational participation.

Religious Services Handbook. A reference guide for Department administrators and employees which provides general information about a variety of religions and religious practices as well as a list of approved religious practices and property items. The Religious Services Handbook does not confer any rights or remedies to inmates. The Religious Services Handbook shall be maintained in all inmate law libraries.

Religious Services Review Committee. A committee consisting of the Deputy Commissioner of Clinical Services and Reentry, the Assistant Deputy Commissioners of the Northern and Southern Sectors, and the Director of Program Services. The Committee is responsible for meeting regularly to review requests for new religious practices, services or items, and to render their decisions upon these requests.

Shift Commander. The officer who has overall responsibility for the security of the institution and the care and supervision of all inmates and custodial staff during a given tour of duty.

Special Diet Request Form. The form that shall be used to initiate all inmate requests for a special religious diet. The Special Diet Request Form is available in all inmate libraries.

Special Visit. Any type of inmate visit which requires express authorization from the Superintendent or a designee.

Special Visiting Area. Any area of the institution, not usually used for visiting purposes, which may be used for a particular inmate visit with the express authorization of the Superintendent.

Superintendent. Chief administrative officer of a correctional institution.

Unauthorized Practices. The following religious practices and activities are never authorized:

(a) animal sacrifice;

(b) language or behaviors that could reasonably be construed as a threat to safety, security, or the orderly running of the institution, (e.g., curses);

(c) nudity;

(d) self-mutilation;

(e) use, display, or possession of weapons or what appears to be a weapon (e.g., paper sword, toy gun);

(f) paramilitary exercises;

(g) self-defense training;

(h) sexual acts;

(i) profanity;

(j) consumption of alcohol;

(k) ingestion of illegal substances;

(l) proselytizing;

(m) encryption; and

(n) disparagement of other religions.

Visiting Clergy. A clergy person of a recognized religious group or denomination who is granted access to an institution, after consultation with an institution chaplain and with the approval of the Superintendent or a designee for a specified period of time, for the purpose of providing a religious service.

Volunteer Chaplain. A chaplain, approved via the volunteer application process, who provides services on a scheduled basis and who is not compensated by the Department for such services.

103 CMR 471.05

Amended by Mass Register Issue 1334, eff. 3/10/2017.