103 Mass. Reg. 942.04

Current through Register 1523, June 7, 2024
Section 942.04 - Procedure for Classification
(1) The Classification Plan shall include written policy and procedure directing initial classification procedures to include, at a minimum, the following:
(a) Obtaining as much information about the inmate upon admission as soon as possible, including solicited pre-institutional assessment information, to become familiar with the inmate's history and for designing an individual classification plan;
(b) Maintaining complete and accurate case record information as required on each inmate for use during classification hearings, decisions, ad reviews; and
(c) Assignment of a counselor/social worker to each newly admitted inmate within 72 hours to ensure that appropriate intake and admission procedures have been completed and to assist the inmate with initial classification activities.
(2) The Classification Plan shall provide for a classification hearing for all sentenced inmates held beyond 30 days which includes, at a minimum, the following:
(a) inmates shall be given notice 48 hours notice prior to any classification hearing. Such notice may be waived by the inmate in writing;
(b) initial classification hearing shall consist of, at a minimum, the following:
1. notice of hearing;
2. case presentation by case counselor;
3. inmate presentation;
4. recommendation of a Classification Board; and,
5. written summary of classification decision.
(c) all inmates scheduled for a hearing should appear at the hearing unless precluded for security or other substantial reasons, and such absence shall be documented;
(d) classification recommendations concerning housing placement and program participation are based on eligibility, suitability and other relevant information. Recommendations shall include a date upon which the case shall be reviewed again; and
(e) the classification recommendation shall be reviewed by the Sheriff/facility administrator, or designee, and a decision of security level, housing assignment, and program participation shall be made within ten days after receipt of the Board's recommendation.
(3) The Classification Plan shall include written policy and procedure to provide for regular review of each sentenced inmate's classification status which shall include, but not be limited to, the following:
(a) written review at least every 60 days, to monitor adherence to classification plan;
(b) a procedure specifying conditions under which inmates may initiate reviews of their classification status; and,
(c) procedures and criteria for changing the status of an inmate. Any change in status shall be subject to a review by the full Classification Board within 20 days of such a change.
(4) The Classification Plan shall include written policy and procedure for notifying the inmate of the classification decision and shall include the following:
(a) all inmates shall be notified verbally of the Classification Board's recommendations;
(b) a formal notification within ten working days, which includes the classification decision, the signature of the board chairperson or designee, signature of Sheriff/Facility Administrator or designee, and the date of the next review;
(c) upon receipt, the inmate shall sign the notification which verifies receipt and knowledge of the decision; and,
(d) the specific reasons for reclassification may be withheld from the inmate if knowledge of this information by the inmate would present a threat to the safety of an individual or the security or order of the facility.

103 CMR 942.04