Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 421.00 - Departmental Segregation Units
Section 421.11 - Assistance and Representation of Inmates and the Recording of Proceedings

(1) Prior to the hearing, the inmate's correctional counselor shall be available to discuss all aspects of the written referral summary, and all matters which may be relevant to the DSU hearing. The correctional counselor shall also provide upon request those portions of the inmate's file which may be disclosed consistent with 103 CMR 157.00: Access to and Dissemination of Evaluative Information.

(2) The inmate may be represented by an attorney or a law student at the hearing. It shall be the inmate's responsibility to secure such representation and he shall be allowed to make, or have made on his behalf, any telephone call(s) necessary for that purpose. An inmate's representative may thereafter request a continuance. The correctional counselor shall make a reasonable effort, but shall not be obligated, to schedule a hearing in accordance with the scheduling requirements of the representative. The inmate's representative shall be entitled to make an amended request for the presence of witnesses, provided that in ordinary circumstances such an amended request is communicated to the correctional counselor one weekday prior to the scheduled time for the hearing.

(3) When an inmate is illiterate or non-English speaking, or when the issues presented are complex, the correctional counselor shall recommend, and the Superintendent shall appoint, a staff member to assist the inmate in preparing and presenting the inmate's position at the hearing if the inmate is unable to secure legal representation.

(4) An inmate shall be permitted to request that the board record the hearing and the board shall then do so. At the close of the hearing, the tape shall be delivered to the Superintendent or his designee for safekeeping. The inmate or his representative shall have access to the tape for reference, and upon request shall be provided with a duplicate tape at the inmate's expense, or if the inmate is indigent at no charge. The duplicate tape may be made either at the hearing or thereafter from the original tape. Tapes shall be held in safekeeping for one year or until a duplicate has been provided to the inmate or his representative, whichever is shorter. In no event shall tapes be held for a period shorter than required by the Records Conservation Board, M.G.L. c. 66.