Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 421.00 - Departmental Segregation Units
Section 421.20 - Operating Procedures

Universal Citation: 103 MA Code of Regs 103.421

Current through Register 1531, September 27, 2024

The DSU administrator shall, subject to the approval of the Commissioner, establish procedures for the operation of the DSU within 30 days of the date that the Commissioner designates an area as a DSU. Copies of 103 CMR 421.20 through 421.21 relating to operating procedures and programs shall be given to each inmate transferred to a DSU. The procedures shall cover the following areas:

(1) Security and Control.

(a) Movement Within the Departmental Segregation Unit. Procedures shall provide for when inmates may be released from their cells and how they are to be supervised, the number of inmates to be permitted out of their cells at any one time, and for visitation of inmates.

(b) Searches and Seizures. Procedures shall provide for searching an inmate or his cell, times for conducting a search, searching of clothing, laundry or other property, and for the inventory and storage of any property of the inmate which is held or confiscated as a result of a search.

(c) Inspections. Procedures shall provide for daily tours of inspection by the unit administrator and other officers, and the logging of times of inspections and any observations.

(d) Log Books. Log books shall be maintained which include: the names of employees on duty during each shift, all special orders of the DSU administrator, the names of all persons entering and leaving the unit, as well as a summary of any events of significance to officers on the subsequent shifts. There shall be special log books for recording the activities of each inmate. Employees shall familiarize themselves with entries in log books each day.

(e) Disciplinary Offenses. Where an inmate is charged with a punishable offense by the DSU administrator or other employee of the unit, such person shall promptly prepare and submit disciplinary reports to the disciplinary officer of the state correctional facility pursuant to 103 CMR 430.00et seq. Appropriate security measures may be taken prior to the preparation of such reports.

(f) Maintenance. Procedures shall provide for repairs to be made by maintenance employees, especially repairs which will keep cells well-lighted, well-heated and ventilated, and will keep sinks and toilets operable, and for the inventorying and accounting of all tools and materials that are brought into or taken out of the unit.

(2) Health, Sanitation and Safety.

(a) Medical and Psychiatric Services. A complete physical examination shall be scheduled for each inmate upon transfer to a DSU. Medical and psychiatric services shall be provided, and observation and treatment shall be provided for inmates who attempt suicide or appear to have emotional difficulties .

(b) Bathing and Laundry Services. Each inmate shall receive at least three showers each week and the same bedding supplies and laundry services as are available to inmates in the general population.

(c) Exercise and Recreation. Inmates shall have a daily exercise and recreation period of at least one hour a day at least five days per week, outside if weather permits. Procedures shall provide for curtailment of the exercise and recreation period in exceptional circumstances due to inadequate officer coverage or disruption in the DSU. Alternative plans for the exercise and recreation period are to be made by the DSU administrator whenever a prolonged curtailment is anticipated.

(d) Sanitation. Procedures shall provide for an inmate cleaning his cell.

(e) Safety. Procedures for the purposes of fire prevention shall provide for the removal, inventory and storage of excessive accumulations of property in the cell of each inmate.

(3) Meals. Inmates shall receive three nutritionally sound meals each day. Procedures shall provide for the manner in which meals are to be served, and an accounting of all utensils that are used by each inmate before and after each meal. The meals shall be the same as are provided to inmates in the general population except that, when the inmate has used food as a weapon or to create a health or sanitation hazard, an alternate nutritionally sound meal may be substituted.

(4) Haircuts and Shaving. Inmates shall receive haircuts, and shall be permitted to shave each day.

(5) Cell Furnishings and Fixtures. Each cell shall be furnished with a bed, table, chair, one blanket, two sheets, one pillow, and one pillow case. Other furnishings may include, for example, a radio, television and reading lamp and shall be subject to procedures for their removal and return.

(6) Clothing. Procedures shall provide for each inmate to receive state issued and other clothing except as inconsistent with the security needs of the DSU.

(7) Visits. Procedures shall provide for visitation of inmates in areas located within the DSU or at such other areas designated by the superintendent of the state correctional facility. Inmates in segregation shall be afforded visiting privileges which are, as much as practicable, the same as those available to inmates in the general population.

(8) Correspondence. Procedures shall be the same as those for the general population of the state correctional facility.

(9) Reading Material. The availability of reading materials shall be the same as for the general population of the state correctional facility. Procedures shall provide for requesting, receiving and returning reading material from the library of the state correctional facility.

(10) Canteen. Availability of canteen shall be the same as for the general population of the state correctional facility, except as inconsistent with the security needs of the DSU. Procedures shall provide for requesting and receiving items from the canteen in the state correctional facility.

(11) Religion. Procedures shall provide for access to religious counseling or discussions, and the attendance of an inmate at religious services or other ceremonies within the DSU or at such other places designated by the superintendent of the state correctional facility.

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