Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 421.00 - Departmental Segregation Units
Section 421.10 - Proceedings Before the DSU Board

Universal Citation: 103 MA Code of Regs 103.421

Current through Register 1531, September 27, 2024

(1) Within five weekdays of the referral of an inmate to a DSU board, the inmate's correction counselor shall prepare, provide the board, and serve on the inmate a written referral summary which shall include the following:

(a) the specific aspects of the inmate's record or other information which the board may consider. These may include the inmate's disciplinary record, past criminal record, prison records from past institutionalization, psychological makeup, involvement in criminal activity while incarcerated, attitude toward authority, institutional record on work assignments, adjustment to institutional programs, willingness and ability to live with other inmates, record of violent reactions to stressful situations, habitual conduct or language of a type likely to cause difficult management problems, out standing criminal investigations.

(b) the names of any witnesses whom the presenting officer may call to testify; and

(c) copies of any documents which will be introduced.

(2) The inmate shall be served with a Notice of Referral in the form set forth in Appendix A. The Notice of Referral shall be accompanied by the following: a Referral Summary and its supporting documents; the Powers of the Board and Procedures To Be Followed; a Request for Representation and/or Witnesses form; and, a Waiver of 72 Hour Notice and/or Waiver of Appearance form.

(3) Written notice of the hearing must be given to the inmate, and upon request to his representative, at least 72 hours before the hearing.

(4) The hearing shall be held within a reasonable time. The board may continue the hearing at its discretion with notice to the inmate. The inmate shall be entitled to one continuance for good cause if made in writing and submitted to a staff person at least 24 hours in advance of the scheduled hearing.

(5) The inmate may waive his right to 72 hours notice of the hearing and/or his right to appear before the board. Any such waiver shall be documented, and the hearing may proceed accordingly.

(6) If the inmate wishes to be represented by an attorney or law student or have certain witnesses testify, he shall complete the appropriate request form and submit it to a staff person within 24 hours of receiving it. The staff person who receives such a completed request shall deliver it to the correctional counselor before the close of his tour of duty. The failure of an inmate to submit the completed request form may, in the discretion of the board chairperson, constitute a waiver of the inmate's rights to call witnesses and/or to be represented at the hearing.

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