Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 403.00 - INMATE PROPERTY
Section 403.20 - Disposal of Unclaimed Inmate Property
Current through Register 1531, September 27, 2024
Property of deceased inmates shall be released to the proven administrator or executor of the deceased inmate and can be picked up by such person from the institution where the property is stored. Such person shall sign a receipt for the property received. Except for identity documents, as defined in 103 CMR 403.14, any property belonging to a deceased inmate which remains unclaimed after one year, or to an inmate on escape for more than one year, shall be disposed of in accordance with the following procedures:
(1) The Superintendent shall notify the listed next of kin of the former inmate, in writing, that said property shall be disposed of if not claimed within 30 days of the date of the letter.
(2) If no claim is received within the specified time period, a special board, composed of the Superintendent of the institution where the property is being stored, and a representative of the Department designated by the Commissioner, shall ascertain whether the unclaimed property has any sale value.
(3) If the property is determined to have sale value, the special board shall solicit offers for purchase from three reputable dealers in like property and shall sell the property to the highest bidder. The proceeds of any such sale shall be deposited into the inmate's account.
(4) If the property is determined not to have sale value, or if no offer is received in response to solicitation for bids as described, the special board may dispose of such property in such a manner as deemed appropriate.
(5) A complete record of disposal for unclaimed property shall be completed and signed by the members of the special board and filed with the former inmate's institutional records.
