Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 421.00 - Departmental Segregation Units
Section 421.14 - Procedures for the Use of Informant Information

Universal Citation: 103 MA Code of Regs 103.421

Current through Register 1531, September 27, 2024

The DSU board may consider documentary evidence or testimony involving informant information which is not introduced in the presence of the inmate or his representative. The board is not required to interview the informant in person, and may receive the informant's evidence as oral or written hearsay. Such evidence may be considered only if the board has:

(1) Made a finding that the informant is reliable and that the information is credible. This finding shall be included in the record and shall contain the following information:

(a) the facts upon which the board based its conclusion that the informant was reliable and that the information was credible;

(b) any evidence tending to impeach the informant's credibility; and

(c) a statement of the information provided by the informant which is as specific as possible. No information need be provided which would create a substantial risk of disclosing the identity of the informant. The statement shall demonstrate that the informant had personal knowledge of the information provided.

(2) Made a finding that the disclosure of the documentary evidence or testimony provided by the informant to the inmate or his representative would create a substantial risk of harm to the informant, to any other person, or to the security of the institution. This finding shall be included in the record.

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