Current through Register 1533, October 25, 2024
Section 485.16 - Rescission of Approval for Volunteers and Volunteer Programs(1) A Superintendent or a designee may deny any volunteer or volunteer program entrance to the facility. A Superintendent or a designee may rescind the approval of a volunteer or a volunteer program under circumstances that include, but are not limited to, the following: (a) When the volunteer or a volunteer program does not adequately fulfill his/her/its stated purposes;(b) When a rule or regulation of the correctional institution or a criminal statute or a court order has been violated;(c) When there is reliable evidence that the continued presence of the volunteer or the volunteer program in the correctional institution would present a threat to the security or orderly running of the institution.(2) When a Superintendent or a designee rescinds the approval of a volunteer or a volunteer program, the volunteer or volunteer program shall be notified of the reasons in writing.(3) The Superintendent shall notify the Assistant Deputy Commissioner of Reentry of such rescission, and detail the reason for the rescission, utilizing the Barred Volunteer Notification form. The Assistant Deputy Commissioner of Reentry shall ensure that Department-wide notification is made of the rescission.(4) The Institutional Volunteer Services Coordinator shall be responsible for notifying the volunteer or the coordinator of the volunteer program, in writing, in the event that the Superintendent rescinds the approval of a volunteer or a volunteer program.(5) The Deputy Commissioner of Clinical Services and Reentry may deny entrance of any volunteer or volunteer program to any or all sites and shall notify the appropriate Superintendent(s) of such denial and the reasons for it as soon as is practical. The Deputy Commissioner of Clinical Services and Reentry shall ensure that Department-wide notification is made of the denial.(6) The Superintendent shall take such steps as are necessary to prevent a volunteer or a volunteer program, whose approval has been rescinded, from entering the correctional institution pending final determination.(7) The volunteer or the coordinator of the volunteer program may request reconsideration, in writing, as follows: (a) If approval has been rescinded by the Superintendent's designee, by requesting that the Superintendent reconsider that decision.(b) If approval has been rescinded by the Superintendent, by requesting that the Director of Program Services reconsider that decision;(c) If approval has been rescinded by the Director of Program Services, by requesting that the Assistant Deputy Commissioner of Reentry reconsider that decision.(8) If the Superintendent or Assistant Deputy Commissioner of Reentry affirms the decision to rescind, the volunteer or the coordinator of the volunteer program shall be notified, in writing, and as soon as possible, of the determination, detailing the reasons.(9) The Superintendent shall notify the Assistant Deputy Commissioner of Reentry when a volunteer is reinstated. It is the responsibility of the Assistant Deputy Commissioner of Reentry to ensure that Department-wide notification is made of the reinstatement.Amended by Mass Register Issue 1338, eff. 5/5/2017.