Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 403.00 - INMATE PROPERTY
Section 403.13 - Incoming Inmate Property

Universal Citation: 103 MA Code of Regs 103.403

Current through Register 1531, September 27, 2024

(1) All items of property entering an institution must be accompanied by a canteen order form or an approved inmate property permission slip. Any items that cannot be purchased via the inmate canteen may enter the institution, but only with the approval of the Superintendent or a designee. Exceptions to this process include books, magazines, and newspapers, as long as the quantity of such items does not exceed those requirements set forth in 103 CMR 403.10.

(2) Property which belongs to an incoming inmate shall be forwarded to the Property Officer for inventory. Items authorized for retention by the inmate shall be readied for delivery to the inmate after inventory. Upon delivery of the approved property to the inmate, the Property Officer shall provide a receipt to the inmate. Property not authorized for retention and deemed contraband shall be temporarily stored in the property storage area until its disposal in accordance with 103 CMR 403.15. Items which could be evidence in disciplinary or criminal proceedings, and are located in an inmate's personal property, shall be confiscated in accordance with the established evidence guidelines and delivered to the Superintendent or designee for safekeeping or delivery to the appropriate law enforcement agency.

(3) If any property ordered by an inmate exceeds the quantity limits allowed by 103 CMR 403.00, said inmate must exchange old property for new property.

(4) Any item which is available for purchase at the institutional inmate canteen or through approved vendors shall not otherwise be authorized to enter via an inmate property permission slip.

(a) Inmates who are housed in a pre-release security level may request to purchase authorized items on an approved Program Related Activity (PRA) via the inmate property permission slip. All incoming property items are to be accompanied by the approved permission slip and a purchase receipt. The Property Officer shall inspect and inventory all items so purchased immediately upon the inmate's return to the institution.

(b) Permission slips are to be issued to inmates upon the inmate's request to the Property Officer or designee. The inmate shall be responsible for completing and returning the permission slip to the Property Officer for approval. Upon approval, the inmate shall forward the approved form to the appropriate party. Delivery of property designated by approved permission slips shall be accepted via mail delivery only, except as designated in 103 CMR 403.13(4)(a). Incoming parcels must include the approved property slip and contain only the items noted on the slip. If the contents of the parcel do not meet the property slip criteria or contain contraband, the entire package shall be returned to the sender by the Property Officer, who shall notify the inmate in writing of this refusal, stating the reason.

(c) Inmate Property Permission Slips shall be made available to eligible inmates no less than on a quarterly basis.

(d) Nothing in 103 CMR 403.13 shall limit the Superintendent of an institution from developing internal procedures and time limits regarding the issuance of Inmate Property Permission Slips.

(5) Canteen clothing orders, appliance orders, or permission slips shall not be approved for inmates who have documented contraband in temporary storage at any institution, unless the Superintendent or a designee authorizes a written exception.

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