Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 410.00 - Sentence Computation
Section 410.09 - Inmates in the Custody of Another Jurisdiction
Universal Citation: 103 MA Code of Regs 103.410
Current through Register 1531, September 27, 2024
CDCU shall track and perform date computation functions for inmates in the custody of another jurisdiction who have concurrent or consecutive Massachusetts sentences to be served.
(1) Concurrent Sentences.
(a) CDCU shall obtain
the original mittimus;
(b) CDCU shall review the
mittimus to confirm the sentence type;
(c) CDCU shall obtain a Waiver of Extradition
from the DOC's Legal Division or the District Attorney Office where applicable,
or forward a waiver of extradition to the inmate for signature;
(d) CDCU shall communicate with the
committing institution Records Manager to obtain the inmate's commitment
number. The Records Manager shall ensure all other booking functions as
provided by in 103 DOC 401: Booking and Admission, are
completed;
(e) CDCU shall enter the
sentence and complete date computation in accordance with
103 CMR
410.00. The committing institution Records Manager or
designee shall complete the criminal records check in accordance with 103 DOC
417: Criminal History Records Information, update the inmate
status in IMS, construct the six-part folder and forward the six-part folder to
the County Federal and Interstate (CFI) Unit. CDCU will forward the original
mittimus to the CFI Unit to file within the six-part
folder;
(f) CDCU shall forward a
Detainer Letter along with a copy of the mittimus and Waiver
of Extradition to the other jurisdiction;
(g) Upon receipt of a signed Waiver of
Extradition and computation of the Massachusetts sentence(s), CDCU shall
provide the ISL for the Massachusetts sentence(s) to the other jurisdiction and
to the inmate;
(h) The CFI Unit
shall conduct a review of earned good time at least annually, and quarterly
when the out of state inmate's projected release date is within one year;
(i) After this annual review of
earned good time, the CFI Unit shall provide a DFS Report to the other
jurisdiction and the inmate until the projected release date is within one
year; and thereafter upon the CDCU's recalculation of the projected release
date;
(j) CDCU shall prepare a
Certificate of Discharge/Release in accordance with 103 CMR 417.00. Once
prepared, the CFI Unit shall notify the other jurisdiction of the release of
the inmate's obligation to the Massachusetts concurrent sentence(s) in
circumstances when the other jurisdiction's sentence(s) expires after the
Massachusetts release;
(k) The CFI
Unit shall, on the day of the expiration of the Massachusetts sentence, provide
the other jurisdiction with a detainer removal letter reflecting that the
inmate's obligation to the Massachusetts sentence(s) have been satisfied, along
with a copy of the Certificate of Discharge/Release;
(l) For an inmate whose sentence from another
jurisdiction is scheduled to expire prior to his or her DOC sentence, CDCU
shall perform the actions outlined in 103 CMR 410.09(2)(e) and (f).
(2) Consecutive Sentences.
(a) CDCU shall obtain the original
mittimus;
(b) CDCU
shall review the mittimus to confirm sentence type;
(c) CDCU shall forward a Detainer Letter,
along with a copy of the mittimus to the other
jurisdiction;
(d) CDCU shall obtain
a Waiver of Extradition from the DOC Legal Division or the District Attorney's
Office, if applicable, or forward a Waiver of Extradition to the inmate for
signature:
(e) CDCU shall obtain
the other jurisdiction's release date(s) annually until the projected release
date from the other jurisdiction is within one year, and thereafter at least
quarterly;
(f) CDCU shall notify
the DOC's Central Transportation Unit (CTU) of the date that the inmate will be
available to the DOC, including the inmate's current location for CTU to make
transportation arrangements.
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