Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 411.00 - Deduction From Sentence Policy
Section 411.10 - Procedures for Granting Deductions
Current through Register 1531, September 27, 2024
Earned good time will be updated on all state inmates and state inmates housed in county facilities in accordance with the schedule outlined in 103 CMR 411.00.
At sites where IMS has been fully implemented, an inmate is enrolled in programs through the Programs Enrollment screen or in work through the Review and Assign Inmate screen. Program facilitators and work supervisors must enter attendance at the completion of each program or work session. Performance is rated and entered into IMS monthly by the program facilitators and work supervisors through the Performance Rating screen. Program supervisors, Industries Supervisors, and the work assignment officer must complete the credit approval screen for the prior month by the 6th of the month. Additionally, for applicable programs, program supervisors shall complete the Good Time for Program Completion screen after the program facilitator has entered the inmate in the Program Discharge screen as successfully completing the program. For any earned good time awarded in error, deletion requests shall be forwarded to Technology Services through the Director of Treatment for Programs/Education and Work Assignments. For sites where IMS has not been fully implemented, the following procedures shall be followed:
(1) Supervisors of programs, industrial instructors, or other personnel involved in supervising an inmate in an approved program or activity shall, at the end of each month, prepare a monthly program roster, listing all inmates who participated in that program or activity for that month, rating performance as either satisfactory, unsatisfactory or incomplete. Program rosters must be submitted to the institutional record supervisor by the 15th day of the following month and entered into the Earned Good Time Screen and authorized by the end of that month. For earned time prior to December 1990, reference the Deduction From Sentence Master Card.
(2) The institutional records supervisor or designated staff shall provide an accurate Deduction from Sentence report for each inmate at least annually. This information may be provided at more frequent intervals at the discretion of the superintendent or his/her designee. Each time an inmate is given an updated Deduction from Sentence report, or other accurate date computation printout, it shall be documented in the Deduction from Sentence tracking Log screen.
(3) Whenever an inmate transfers to a county correctional facility, an earned time report must be issued, accompany the transfer and will list all outstanding deductions for programs and activities in which the inmate has participated satisfactorily.
(4) Subsequent earned time awarded to state inmates in county facilities shall be awarded in accordance with 103 CMR 411.00, submitted to the county, interstate and federal manager in the form of an approved roster and entered into the computer system. On at least an annual basis the county facility will be issued a computerized Deduction from Sentence report for each inmate. Each time an inmate is given an updated Deduction from Sentence report, or other accurate date computation printout, it shall be documented in the Deduction from Sentence Tracking Log screen.
(5) The institutional records supervisor or designee, shall at least 60 days prior to the projected discharge date of the inmate submit to the superintendent or a designee a projected discharge date which includes deductions for programs and activities in which the inmate participated satisfactorily while confined. For purposes of 103 CMR 411.00 the projected discharge date shall be computed by determining either the maximum date of discharge with adjustments for M.G.L. c. 127, § 129C (camp time) and § 129D (earned) deductions or the good conduct discharge date with adjustments for M.G.L. c. 127, § 129 (statutory good time), c.127, § 129C (camp time), § 129D (earned) deductions, and forfeitures under M.G.L. c. 127, § 129.
(6) An inmate may earn good time for the final month of incarceration not to reduce the final discharge date below the 15th day of the month of discharge, presuming that the inmate will continue satisfactory participation in present activities and programs. Although processed, these credits will only be applied to the inmate's sentence upon confirmation of satisfactory participation in the activity or program. These credits shall be noted in the Process Order screen - Discharge Information tab in the "other" field. This should be considered the inmate's projected discharge date in the Preliminary List Query screen.
(7) In the event that an inmate challenges any deductions from sentence as recorded on the Deduction from Sentence or other date computation report the inmate may submit a written request for reconsideration. The request for reconsideration must be submitted within ten business days from the date or receipt of the Deduction from Sentence or other date computation report. Any request for reconsideration must be submitted to the records supervisor at the institution where the earned time is claimed to have been earned.
(8) Notwithstanding the fact that an inmate serving a life sentence shall not be granted deductions from his sentence unless the sentence is commuted or otherwise revised to a term of years, 103 CMR 411.10(1) through 411.10(7) shall apply. Any deductions granted shall be kept in the inmate's file and may only be credited if such sentence is commuted or otherwise revised to a term of years.
