Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 421.00 - Departmental Segregation Units
Section 421.08 - Placement on Awaiting Action Status in Restrictive Confinement

(1) At the discretion of the Superintendent or his designee, an inmate who has been referred to a DSU board pursuant to 103 CMR 421.07 or is awaiting a final transfer decision by the Commissioner regarding placement in a DSU may be placed on awaiting action in restrictive confinement at the institution where he is then confined, or transferred to another Massachusetts institution or an out-of-state institution prior to his DSU hearing.

(2) Placement on awaiting action in restrictive confinement may never be a substitute for placement in a DSU.

(3) An inmate must be afforded a segregation unit hearing or released within 15 days after placement in awaiting action in restrictive confinement. However, when a prisoner who is in awaiting action is under investigation for a possible disciplinary offense or has been charged with a disciplinary offense, this period may be extended to 30 days. The foregoing time limits of this paragraph may be exceeded only in extraordinary circumstances, and for no longer than necessary. Whenever an inmate has spent 15 days on awaiting action in restrictive confinement, he shall be immediately reviewed, and every 15 days thereafter. If his retention in awaiting action is approved by the Commissioner or his designee, the decision shall be in writing and an explanation of the decision shall be served on the inmate, which shall include an estimate of how much longer he will remain in awaiting action in restrictive confinement and the reason(s) why. Any time spent in awaiting action beyond the above-stated 15 or 30 day time limits shall be credited to the period of the inmate's DSU confinement.