Section 483.15 - Exclusion of Visitors(1) Any visitor, even one who has obtained prior permission to visit, may be denied entrance to the institution or required to terminate a visit and leave the premises. M.G.L. c. 266, § 123 makes it a criminal trespass to refuse to leave an institution after being ordered by an officer to do so.(2) Except as indicated in 103 CMR 483.15(6), if an officer determines a visit should be denied, barred or terminated, the Shift Commander shall be notified for approval. The Shift Commander shall then make the decision as to whether or not the visit shall be denied, barred or terminated.(3) Before any attorney is denied, barred or terminated, the Superintendent shall be consulted. In accordance with 103 CMR 486.00: Attorney Access at Massachusetts Correctional Institutions, the Commissioner and/or the General Counsel shall be notified of such action by the institution Superintendent or a designee within 24 hours of the incident. Within 15 business days of any such action, the Superintendent shall take any of the actions listed in 103 CMR 483.15(8). In addition to the right to seek reconsideration or review by the Superintendent, pursuant to 103 CMR 483.15(9), the attorney may immediately appeal any exclusion to the Commissioner.(4) Before any of the Officials listed in 103 CMR 483.10(l)(a), is denied, barred or terminated, the Superintendent shall be notified and shall then consult with the Assistant Deputy Commissioner and, when appropriate, the Director of Legislative Affairs. The Superintendent shall then make the decision as to whether the denial, bar or termination is appropriate. Within 15 business days of any such action, the Superintendent shall take any of the actions listed 103 CMR 483.15(8). In addition to the right to seek reconsideration or review by the Superintendent, pursuant to 103 CMR 483.15(9), the official may immediately appeal any exclusion to the Commissioner.(5) A visitor who is denied entrance or asked to leave shall be told the reason for such action, except when it is deemed that to specify the reason might jeopardize security interests or the safety of any person.(6) Where the problem is something that clearly may be remedied, the visitor may be told that he or she may return to the institution at some specified time in the near future (such as the next day or the next visiting period) or upon satisfaction of some stated condition (such as having sufficient identification or being properly dressed.) In cases where this is not appropriate, the visitor shall be told to await notification from the Superintendent before returning to the institution.(7) Whenever a visitor is denied entrance, is barred, or a visit is terminated, except where such denial or termination is based on a prior order of the Superintendent, or on a failure to obtain prior permission to visit where such permission is required by 103 CMR 483.10, the officer shall file an incident report prior to the end of the shift. This report shall include the name of the visitor and the inmate visited, the time of the denial or termination and the reasons therefore. If the visitor has been informed that he or she may return at some specified time in the near future or upon satisfaction of some condition, the report shall so indicate.(8) The Superintendent or a designee shall promptly review all visitor incident reports and conduct whatever factual investigation he or she deems necessary. After such review, and within one week of receipt of the incident report, one of the following shall occur: (a) In a case where the visitor has been told that he or she may return to the institution at some specified time or upon the satisfaction of some stated condition, the Superintendent may take no action, thus allowing the resumption of visits to occur;(b) The Superintendent may notify the visitor that he or she may return to the institution to resume visiting;(c) The Superintendent may notify the visitor in writing that he or she may resume visiting under specified conditions;(d) The Superintendent may notify the visitor in writing that visiting privileges are suspended for a specified period of time and that he or she may reapply for admission at the end of the period. Based on the severity of the incident, the Superintendent may obtain approval from the Commissioner to suspend the visiting privileges for a specified period up to one year, after which time period the visitor may reapply for admission. Should the Superintendent, after consultation with approval from the Commissioner or his or her designee, deny admission for an additional period of up to one year, he or she must state the specific reasons for the continued denial. Any visitor who is barred from visiting due to the introduction of drug contraband or weapons shall not be eligible to visit a correctional facility again under any circumstances. A copy of each such notice shall be sent forthwith to the Commissioner or his or her designee, and a copy shall be given to the inmate.(9) Every Superintendent's notice pursuant to 103 CMR 483.15(8), shall advise the visitor that he or she may seek a review or reconsideration of the barring, suspension or restrictions by the Superintendent by sending him or her a letter within 15 business days. The visitor's letter shall include a detailed narrative describing the incident and setting forth the reason the visitor feels the bar, suspension or restriction should be lifted. The visitor may also request a meeting with the Superintendent or a designee.(10) The Superintendent shall review any visitor's letter seeking review or reconsideration of any bar, suspension or restriction still in effect. The Superintendent may take any action he or she deems necessary to resolve questions raised by a visitor's letter including, but not limited to, additional investigation of the facts, consultation with the Commissioner, the Department's Legal Office, or the conducting of an informal meeting or conference. After review, the Superintendent may eliminate, reduce or modify the specific limitations on visiting and shall respond within a reasonable time frame. No person shall be penalized for exercising the rights of appeal provided by 103 CMR 483.00.(11) Once an inmate transfers to a different institution, any suspended visitor may apply to the Superintendent of the new institution for permission to visit upon conclusion of the original suspension time frame by submitting a new visitor application. The Superintendent shall ensure that a background check pursuant to 103 CMR 483.10(4) is completed.(12) Nothing in 103 CMR 483.00 shall limit a Superintendent's authority pursuant to M.G.L. c. 127, § 37 to exclude a visitor whenever, in his or her opinion, admitting that person to visit would be injurious to the best interests of the institution, or limit the Superintendent's and Commissioner's authority pursuant to M.G.L. c. 127, § 36 to deny permission to visit.Amended by Mass Register Issue 1282, eff. 12/23/2014.Amended by Mass Register Issue 1361, eff. 3/23/2018.Amended by Mass Register Issue 1376, eff. 10/19/2018.