Current through Register 1531, September 27, 2024
(1) Whenever an I/I
or C/C wishes to request the disbursement of funds from any of their FAs, the
I/I or C/C shall:
(a) complete, and sign a
Department standardized Disbursement Slip. The Department will utilize the same
Disbursement Slip at all institutions.
(2) I/Is and C/Cs shall be permitted to
disburse unearned funds in any amount, provided the request for disbursement is
verified as set forth in
103
CMR 405.11(7).
(3) If an I/I or C/C indicates that they wish
to disburse funds from Earned Funds, regardless of whether the Earned Funds are
in a Savings Account or Personal Account, the funds shall only be eligible for
potential disbursement if the Superintendent, in the Superintendent's
discretion, makes a determination of a compelling need in accordance with
M.G.L. c. 127, § 48A; notwithstanding this determination, the request for
disbursement must still be processed in accordance with
103
CMR 405.11(6).
(4) The I/I or C/C shall submit the
Disbursement Slip, in person, to their designated Correctional Program
Officer/designee. The I/I or C/C may provide, as an attachment to the
Disbursement Slip, documentation reflecting the purpose of the request
(i.e., a bill or order form). If possible, all disbursements
shall be made payable directly to the billing entity or identified
recipient.
(5) The Correctional
Program Officer/designee who receives the Disbursement Slip shall verify the
I/I's or C/C's identification and sign the Disbursement Slip.
(6) Disbursement Slips shall be made
available to the I/Is and C/Cs at designated area(s) within the correctional
institution and when filled out, shall include:
(a) Date;
(b) Amount to be withdrawn;
(c) The type of funds the I/I or C/C is
requesting funds be disbursed;
(d)
Purpose;
(e) The I/I's or C/C's
printed name, signature, and commitment number;
(f) Correctional Program Officer/designee
verification signature; and
(g)
Signature of the Deputy Superintendent indicating approval or denial of the
request.
(7)
Verification Process for Disbursement of Funds
(a) Disbursements shall be permitted unless
the Deputy Superintendent or their designee determines that the request is in
violation of law or is in violation of 103 CMR 405.00: Fund
Accounts, 103 CMR 430.00: Inmate Discipline, 103 DOC
525, Inmate Substance Abuse Monitoring and Testing, or is in
violation of such other regulations or policies as may be specified in
guidelines issued under this paragraph. The Department may conduct an internal
review to determine whether the request for disbursement is in violation of law
or applicable policies or regulations. As part of such review, the Department
may request that the I/I or C/C provide additional information or documentation
concerning the purpose of the request, but an I/I's or C/C's failure to provide
such requested information or documentation shall not be the sole grounds for
denial of the request for disbursement. The Department shall approve or deny
the request for disbursement within ten business days of the submission of the
request for disbursement unless the Deputy Superintendent advises the I/I or
C/C in writing the reason that an additional period of up to 20 business days
is required to make a determination. If the disbursement request is denied by
the Deputy Superintendent or designee, the I/I or C/C may request a review by
the Superintendent. The Department may develop internal guidelines to assist
with the review of disbursement requests by the Superintendent, the Deputy
Superintendent, or the Deputy Superintendent's designee.
(b) If the Deputy Superintendent or
Superintendent/Designee denies the I/I's or C/C's request, the Deputy
Superintendent or Superintendent/Designee shall provide the I/I or C/C with the
reason(s) for the denial in writing.
(c) If the Deputy Superintendent or
Superintendent/Designee, as applicable, approves the I/I's request, the Deputy
Superintendent or Superintendent/Designee shall sign the request slip and
submit the signed slip, along with any pertinent documentation, such as the
bill to be paid or the order form for any gifts, to the Treasurer's Office for
processing in accordance with
103
CMR 405.11(4).
(d) If the I/I or C/C disagrees with the
final decision regarding disbursement, the I/I or C/C may appeal the
determination by submitting a grievance in accordance with 103 CMR 491.00:
Inmate Grievances.
(8) Once the I/I's or C/C's disbursement
request has been approved, Fiscal Staff shall take the Disbursement Slip and:
(a) Ensure that the staff member's
verification is present;
(b) Check
the I/I's or C/C's account to ascertain there are sufficient funds for
withdrawal.
(9) The
Treasurer/designee shall follow these procedures for preparing checks:
(a)
Checks. All
approved requests for checks shall be entered into the FAS. Although DOC's
system allows for the manual issuing of a check or checks, manual checks should
only be issued when an I/I or C/C is being released and the FAS is not
available to print checks.
(b)
Persons Authorized to Sign I/I or C/C Checks. At a
minimum, any institution that has an Institutional Treasurer or an Assistant
Institutional Treasurer's position shall authorize the Institutional Treasurer
and Assistant Institutional Treasurer to sign I/I or C/C checks. The
Superintendent or other management staff should be authorized to sign checks to
avoid the same staff member disbursing and signing the checks. This will ensure
segregation of duties. By signing, staff are indicating that they have examined
the check and backup documentation to ensure that the check information is
correct, and the disbursement is being made in compliance with Department
policy.
(c)
Petty
Cash. A Petty Cash fund may be established to provide quick access
to cash when necessary. No Petty Cash fund shall exceed $200 without written
authorization from the Executive Director of Administrative Services.
Disbursements from the Petty Cash fund shall be made for the purpose of
providing cash for the I/I's or C/C's release. The dollar amount of monies
disbursed from this fund should be limited to a maximum of $50.