Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 405.00 - Fund Accounts
Section 405.14 - Disciplinary Process Sanctioned Reimbursements

(1) I/I Personal Funds belonging to an I/I or C/C who has been found guilty through the disciplinary process in accordance with 103 CMR 430.00: Inmate Discipline, or 103 CMR 431.00: Observation of Behavior Reports, and has been ordered to make restitution as a sanction will be automatically frozen upon the entering of the sanction in the disciplinary module of the FAS. The freeze placed upon Personal Funds in an FA shall be in the amount of the ordered restitution. While an FA is frozen only the balance of the I/I or C/C Personal Funds exceeding the amount of the freeze may be expended by the I/I or C/C.

(2) The Treasurer may withdraw all I/I and C/C Personal Funds available in an FA until full restitution is made. The I/I or C/C may, at any time, request to expend available Savings funds to pay restitution. Such requests will be made in accordance with 103 CMR 405.07(4). All restitution collected shall be returned to the General Fund of the Commonwealth or to the institution's operating budget as required.

(3) In any case where the disciplinary process has resulted in an order of restitution as a sanction for costs incurred by the Commonwealth, the Superintendent may, in the Superintendent's discretion, reduce the amount of restitution to the extent they deem appropriate.

(4) In any case where the disciplinary process has resulted in an order of restitution as a sanction to pay for scheduled charges on a regular basis, the Treasurer will only take funds from an FA for charges that have already been incurred. No funds will be taken for a drug testing sanction prior to the I/I or C/C being tested.