(1) Upon
commitment to the DOC, each inmate shall be admitted to a Reception Center or
assigned by the Commissioner or designee to an institution where the inmate
shall undergo an initial classification process. The process shall provide an
opportunity for the Reception Center staff members to become acquainted with
each inmate through individual assessment, testing, and structured interviews.
In instances where language barriers exist, the Telephone Interpreter Service
shall be used, and its use documented. Moreover, hearing impaired inmates may
request a hearing impaired interpreter pursuant to the procedures set forth in
103 DOC 408: Reasonable Accommodations for Inmates, available
at: http://www.mass.gov/eopss/law-enforcement-and-cj/prisons/doc-policies. The
initial classification process shall normally be completed within four weeks of
admission except in unusual circumstances which may include, but are not
limited to:
(a) Lack of data necessary to
conduct the hearing (i.e. problems with
mittimus, inmate sentence listing with date calculation, OV,
CJIS checks, and adjustment information on prior incarcerations/awaiting
trial);
(b) Intervening
medical/mental health placement;
(c) Female inmates waiting to complete the
First Step Program at MCI-Framingham.
In cases where the initial classification has been delayed, a
board shall be scheduled as soon as possible, but no later than 90 days from
admission when the board shall proceed on the basis of all available
information.
(2)
Case Preparation. The CPO shall review all
classification information compiled in the IMS database, consult with key staff
members, when appropriate, and review other records as necessary, including the
six-part folder, pre-sentence summary reports, the OV, and prior incarceration
records, to compile the information required for initial classification.
Information used for classification shall be reviewed, entered or updated as
necessary. The CPO shall complete the appropriate Objective Point Base
Classification Form, which involves the scoring of classification variables and
the identification of potential overrides or restrictions. A risk assessment
shall be completed by designated staff for male inmates serving a sentence of
more than one year and female inmates serving a sentence of more than 90 days
as part of the initial classification process. Designated staff need only
complete the criminal history section of the risk assessment for inmates
serving a nonparoleable life sentence. A new assessment shall not be required
for parole violators released from custody for less than a six month
period.
(3)
Initial
Classification Hearing. An inmate shall be scheduled for an
initial classification hearing by the institutional Director of Classification
or designee. Prior to the hearing, the inmate shall be interviewed by the
assigned CPO to discuss pertinent aspects of the inmate's case. The discussion
shall include, but not be limited to, the inmate's custody status, the inmate's
version of the crime, the objective classification score including possible
restrictions or overrides, and the classification appeal process. A
classification board shall be convened to make recommendations to the
Commissioner or designee concerning an inmate's placement. The following
standards shall be adhered to regarding the initial classification process:
(a)
Board
Membership. All classification boards shall be comprised of three
DOC staff members appointed by the Superintendent or designee. One board member
shall be selected by the Superintendent to act as Chairperson, and shall be
responsible for the overall quality of the review process and for ensuring
compliance with existing classification policies and procedures, in accordance
with M.G.L. c. 127, § 20. Chairpersons shall normally be in a supervisory
position. All chairpersons must complete a specialized training program prior
to being assigned chairperson responsibilities.
In an institution designated by the Commissioner as maximum or
medium custody, one member shall be a Correction Officer. In an institution
designated by the Commissioner as minimum or pre-release custody, one member
shall be an employee whose primary role includes security
responsibilities.
Members of a Department Review Board (as described in
103 CMR
420.09) shall be appointed by the
Commissioner or a designee.
(b)
Legal
Representation. Whenever an inmate could be considered for an
increased custody level, except at initial classification, the inmate may be
represented by an attorney or law student at that hearing. A legal
representative shall be allowed a request to reschedule so long as the request
does not cause undue delay or is otherwise unreasonable. The legal
representative may only make a statement on behalf of the inmate. The legal
representative shall be directed by the chairperson to leave the hearing room
with the inmate when the board deliberates and votes on the case.
(c)
Notice of
Hearing. The inmate shall be provided with at least 48 hours
advance written notice of the scheduled classification hearing. Notice shall be
documented and may be waived by the inmate in writing.
(d)
Case
Presentation. The inmate's assigned CPO shall make a comprehensive
oral presentation to the classification board, utilizing information compiled
during the case preparation while focusing on the inmate's objective
classification score and any applicable restriction(s) or override(s), as
outlined in the Objective Classification Operational
Manual.
(e)
Inmate Presentation. Following the CPO's presentation,
the inmate shall appear before the classification board. In an effort to
promote responsible reintegration and aid in the reentry process, inmates are
expected to attend and participate in every classification hearing. The
classification hearing allows for discussions regarding the objective point
base classification score and applicable restrictions or overrides, adjustment
issues, program goals and institution requests. In the event that the inmate is
unable or unwilling to attend the classification board hearing, the Chairperson
of the board shall, in the absence of justifiable reasons for the inmate's
failure to attend, proceed with the hearing. Hearings held in absentia shall be
documented in IMS as such.
(f)
Classification Board Recommendation. Once all relevant
information is presented to the classification board, the Chairperson shall
direct the inmate to leave the hearing room so that the board may deliberate.
The board shall utilize the scored custody level and any applicable restriction
or override in its final recommendation to the Commissioner or designee
concerning the inmate's placement and programming within the correctional
system. The final recommendation shall be determined by a majority vote. Each
board member, including the Chairperson, shall have one equal vote. The board's
recommendation and rationale, as well as reasons, if any, for a minority vote
shall be recorded. Further, any use of a restriction or override must be noted
and a rationale provided for any override. The inmate shall normally be called
back into the hearing room and verbally notified of the board's recommendation
and thereafter in writing by receiving a copy of the decision page of the
Classification Report. The recommendation will include the date of
reclassification. The reclassification date will be one year after the date of
the hearing unless an override was used in which case the reclassification date
will be six months after the date of the hearing. This will be the inmate's
next scheduled classification unless an earlier classification is deemed
appropriate by the classification board or institutional Director of
Classification. The recommendation and related materials should be submitted
for quality assurance to the institutional Director of Classification or
designee and then to the Commissioner or designee normally within ten business
days after the hearing.
(g)
Quality Assurance. All classification board
recommendations shall undergo a quality assurance process which involves a
review by the Institutional Director of Classification or designee (the
designee must not have been a member of that classification board) who shall
review the report for completeness and accuracy. In the event that any data is
found to be incomplete or inaccurate, the report shall be returned to the
assigned CPO for correction. Further, any incomplete or inaccurate data in any
source screen that contributes information to the classification report must be
promptly reported and corrected. Once the quality assurance has been completed,
the report will be forwarded to the Commissioner or designee,
(h)
Inmate Appeal.
Where an inmate disagrees with the classification board recommendation;
supports a recommendation made or waives the appeal process, the inmate or a
legal representative shall submit an Inmate Placement Request/Appeal Form
within five business days of written notification of the board's
recommendation. The Inmate Placement Request/Appeal Form shall be provided to
inmates at the conclusion of every classification hearing or review. The Inmate
Placement Request/Appeal Form will not be accepted after five business days
have elapsed unless otherwise approved by the Institutional Director of
Classification or designee. Upon receipt of the Inmate Placement Request/
Appeal Form, the CPO shall enter the information into IMS.
(i)
Commissioner or Designee
Review. The Commissioner's designee shall review the
classification information to include the objective point base classification
score and applicable restrictions or overrides, and any Inmate Placement
Request/Appeal submitted. The Commissioner or designee shall utilize the scored
custody level and any applicable restrictions or overrides to render a final
placement decision, but is not limited to consideration of same. The goal in
each case is to render a decision within 20 business days. Institutional
personnel shall notify the inmate of the final decision by providing a copy of
the decision page to the inmate. The decision of the Commissioner or designee
is final and cannot be appealed.
(j)
Staff
Signatures. Staff signatures are documented via
electronic signatures,
(k)
Decision
Modifications. Classification hearing transfer decisions may be
modified by the Commissioner or designee only in the following instances:
1. The inmate's medical/mental health cannot
be met at the receiving facility;
2. The existence of an inmate or staff
conflict;
3. The inmate's refusal
to transfer;
4. Where a
modification would result in an equal or lesser custody level. Modifications
must be made as soon as the need for modification is known, but no later than
60 business days after an inmate's transfer. Institutional personnel shall
notify the inmate of the modification by providing a copy of the decision page
to the inmate.
