Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 421.00 - Departmental Segregation Units
Section 421.12 - The DSU Board's General Powers

(1) The chairperson of the DSU board shall govern the conduct of every phase of a hearing before the board including, but not limited to, the application of 103 CMR 421.000 and the conduct of all parties before the board.

(2) The members of the DSU board shall be impartial. The inmate may challenge the impartiality of any member of the board at the beginning of the hearing. The inmate shall address his objection to the chairperson and shall state his reasons for believing the board member not to be impartial. The chairperson shall determine if the inmate has stated substantial reasons to support his claim unless the inmate challenges the impartiality of the chairperson, in which case the other, unchallenged member or members of the board shall determine if the inmate has stated a substantial reason to support the claim. A substantial reason would be, for example, where a member of the board has witnessed an event in issue. If a member has been removed from the board, the Commissioner or his designee shall designate a replacement as soon as practicable.

(3) The DSU board shall not be bound by the rules of evidence observed by the courts of the Commonwealth.

(4) All parties, counsel, witnesses and other persons present at a hearing shall conduct themselves in a professional manner consistent with the standards of decorum commonly observed in the courts of the Commonwealth. The chairperson may take whatever actions are appropriate and necessary to insure the proper conduct of any participant.

(5) All findings of fact and any decision shall be made upon a majority vote of the board.

(6) Only members of the DSU board shall be present during the deliberations and other executive sessions of the board, except as provided for in 103 CMR 421.14.