Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 403.00 - INMATE PROPERTY
Section 403.15 - Disposal of Inmate Property
Universal Citation: 103 MA Code of Regs 103.403
Current through Register 1531, September 27, 2024
(1) Unless otherwise noted, the process for the disposal of inmate property is as follows:
(a) Within one week of property being deemed
contraband, the Property Officer at the institution temporarily storing the
contraband shall initially notify the inmate of the item being stored by
providing him or her with the IMS Contraband Notification and Disposal
form.
(b) With the exception of
money orders, certified checks, bank checks, postage stamps, and cash, which
are to be disposed of in accordance with
103 CMR 403.16(2),
(3) and/or (4), the inmate may elect to
dispose of the items by one of the following methods:
1. have the property retrieved by a
visitor;
2. have the property
mailed out to a specified destination at the inmate's expense;
3. have the property disposed of as seen fit
by the institution.
(c)
Once the inmate has selected the method of disposal and responds to the
Property Officer in writing, arrangements for disposal shall be made. The
property shall be properly marked and recorded in IMS noting the date, method
of disposal, and address to which the property was sent, if
appropriate.
(d) If the inmate does
not respond within 30 days of the initial contraband notification, a final 30
day notification for response shall be printed from IMS and sent to the
inmate.
(e) If there is no response
after the final notification period elapses, then the institution may dispose
of the property in accordance with 103 CMR 403.15(1)(b)3.
(2) Except for money orders, certified checks, bank checks, postage stamps, and cash, any property which, after a disciplinary hearing, has been found, by a preponderance of the evidence, and upon specific written findings, to have been illicitly obtained by the inmate, shall be retained for referral to the appropriate law enforcement agency, returned to its rightful owner if known, or disposed of pursuant to 103 CMR 403.15(1)(b)3.
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