Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 405.00 - Fund Accounts
Section 405.07 - Wages and Stipends

(1) It is the Department's goal for I/Is and C/Cs to always maintain a respectable Savings Funds balance. This becomes increasingly important as some I/Is move toward lower custody status where they shall eventually be required to expend their own funds for transportation, clothing, and food while they are establishing their work-release employment program. The primary purpose for Savings Funds is to ensure that I/Is and C/Cs shall be released with enough funds to aid in acquiring a residence and to be able to afford the expenses related to reintegrating in a community upon discharge or parole.

(2) I/Is and C/Cs may receive wages from the Commonwealth of Massachusetts/Department of Correction. I/Is and C/Cs participating in DOC's work release programs may receive wages from any public or private employer other than the Department. I/Is and C/Cs who receive such wages shall receive, monthly, the FAS generated payment information indicating the amount of money which was credited to their FA, and how those monies were classified within the FA.

(3) In accordance with M.G.L. c. 127, § 48A, and with the exception of I/Is serving any life sentence or those serving a one day to life civil commitment pursuant to M.G.L. c. 123A who have requested consolidation of all funds in a Personal FA pursuant to 103 CMR 405.07(7), at least 50% of an I/I's Earned Funds received from the Department shall be classified as Savings Funds and the balance shall be classified as Personal Funds.

(4) The Superintendent shall expend any part or all of such Earned Funds to satisfy the victim and witness assessment ordered by a court pursuant to M.G.L. c. 258B, § 8, or other fees authorized by statute, including, but not limited to Drug Assessment fee pursuant to M.G.L. c. 90, § 24Q, Criminal Assessment fee M.G.L. c. 258B, § 8, Drunk Driving Trust Fund fee M.G.L. c. 10, § 66, and Head Injury Treatment Service Trust Fund fee M.G.L. c. 10, § 59. Such expenditures may occur before funds received are credited to any I/I or C/C account.

(5) In accordance with M.G.L. c. 127, § 48A, with the approval of the Superintendent, I/Is and C/Cs may expend FA monies identified as Earned Funds, whether classified as Savings Funds or Personal Funds, for circumstances of compelling need including, but not limited to, expenses related to family illness or death, legal defense, provision of essential articles of personal use or any other such circumstances of compelling need as determined by the superintendent. Such requests shall be submitted in writing to the Superintendent.

(6) FA funds shall not be disbursed from one I/I or C/C to another I/I or C/C unless the Superintendent approves the request.

(7) All I/Is and C/Cs shall maintain a Savings Fund account balance of at least $100. Superintendents, in their discretion, may allow I/I s serving a life sentence, those serving a one day to life civil commitment pursuant to M.G.L. c. 123A, or other I/I's based on length of sentence or other extenuating circumstances, to consolidate all FA monies into their Personal FA.

(8) Request for consolidation of Savings Funds to Personal Funds shall be made in writing to the Superintendent. Consolidation may be rescinded based on a determination, in the Superintendent's discretion, that changed circumstances require maintenance of a Savings Fund balance.

(9) I/Is or C/Cs from another state, incarcerated at a Department institution, shall abide by the regulating policy pertaining to Personal Funds and Savings Funds of the sending state.

(10) A FA generated report shall be distributed annually, and may be distributed upon request, but no more frequently than once per month, to an I/I or C/C who receives compensation from the Commonwealth of Massachusetts for I/I or C/C wages and interest income paid.

(11) The I/I and C/C Wage Scale and mandatory deductions for institutional I/I and C/C job assignments, excluding Correctional Industries, is as follows, subject to appropriation:

I/I and C/C pay may be reduced if an I/I or C/C fails to work a full week. Any deviations from this pay scale shall require prior written approval from the Commissioner. All such written requests for alternate rates shall be detailed and shall be submitted through the Executive Director of Administrative Services. All alternate rate approvals shall remain in effect unless otherwise amended in accordance with the aforesaid.

(12) Wages for I/Is and C/Cs employed by Industries shall be established in accordance with 103 CMR 455.00: Correctional Industries.

(13) General. I/Is or C/Cs who receive wages through a work-release program or through a program in which a private employer provides work within the institution are prohibited from receiving compensation directly from an employer. Work-release checks and paystubs should be mailed directly by the work-release program employer to the Institutional Treasurer. Alternatively, work-release checks may be delivered to the Institutional Treasurer via other Department approved electronic means, such as by direct deposit to a Department account based on information provided by the Institutional Treasurer, and paystubs may be delivered by secure online posting to be accessed and downloaded by the Institutional Treasurer. Where paystubs are securely posted online by the work-release program employer for access by the Institutional Treasurer, the work-release program employer shall provide the Institutional Treasurer with the means and ability including, but not limited to, provision of any required passwords, to access the paystubs. All paystubs must be presented to the Institutional Treasurer's office. The Institutional Treasurer shall then make all deductions both mandatory and voluntary, via the FAS, before releasing wages to the I/I or C/C.