(1)
After the close of the presentation of the evidence, the DSU board shall meet
in executive session to decide whether to recommend that the Commissioner
remove the inmate from the general institutional population and place him in
another Massachusetts or out-of-state facility, or place or retain the inmate
in the DSU. A recommendation to place or retain the inmate in the DSU shall be
based on substantial evidence that, if confined in the general population of
any state correctional facility, the inmate would pose a substantial threat as
set forth in
103 CMR
421.09(1)(a) through (c).
The board shall thereafter return and orally notify the inmate of its
decision.
(2) Within two weekdays
after the hearing, the board shall serve a written decision on the inmate. The
written decision shall contain the following:
(a) A description of the specific evidence
relied upon;
(b) A particularized
statement of the reason(s) for the decision. The statement shall explain why
the placement or retention of the inmate in a DSU is for administrative and not
disciplinary reasons;
(c) If
placement or retention in a DSU is contemplated:
1. a conditional release date based on the
specific aspects of the inmate's record and other information on which the
recommendation is based, including any mitigating information. Conditional
release dates shall not exceed six months except in the most extraordinary
circumstances. The information may include the factors set forth in
103 CMR
421.10(1)(a); and
2. conditions that are specifically related
to the administrative reasons for the placement or retention. If the inmate
meets these conditions he shall be released from the DSU unless a new DSU
referral has been made. Conditions may include the inmate's successful
participation in specified counseling or evaluation programs, his completion of
work assignments, remaining free of disciplinary reports, cooperation with
correctional personnel, and maintenance of cell and sanitation
standards;
(d) Where the
board has considered informant information, the findings required by
103 CMR
421.14; and
(e) A notice of the inmate's right to appeal
and to submit written objections within five days of the inmate's receipt of
the board's written decision. Any appeal and objections should be addressed to
the Associate Commissioner of Programs, Treatment and Classification, and
submitted by the inmate or his representative to a staff person. The staff
person shall deliver them to the correctional counselor before the close of his
tour of duty. The correctional counselor shall promptly submit the name of any
inmate who has filed an appeal to the Associate Commissioner of Programs,
Treatment and Classification.
