Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 423.00 - Restrictive Housing
Section 423.06 - Definitions

Correctional Program Officer (CPO). The staff person at an institution who, when assigned duties required in 103 CMR 423.00, collects information obtained through inmate interviews and available casework records, and prepares a summary of this information for classification. A CPO is also responsible for monitoring an inmate's participation and compliance with a personalized program plan or program recommendations and facilitates reentry preparation.

Department Disciplinary Unit (DDU). A restricted area or areas designated by the Commissioner to which an inmate has received a recommended sanction by a Special Hearing Officer. For purposes of 103 CMR 423.00, the DDU is not a Restrictive Housing Unit. The DDU is disciplinary Restrictive Housing and is governed by 103 CMR 430.00: Inmate Discipline.

Director of Security. The individual responsible for the overall security within a correctional institution through formulation and enforcement of rules and regulations and by overseeing the performance of security staff.

Disciplinary Detention. The Restrictive Housing of an inmate who has been found guilty of a serious violation of 103 CMR 423.00. Such sanction shall not exceed 15 days for one offense and no more than 30 days for all violations arising out of the same or substantially connected incident(s), unless specifically authorized by the Commissioner. This status may be imposed only after complying with all provisions of 103 CMR 430.00: Inmate Discipline. Disciplinary detention does not refer to inmates sentenced to a DDU.

Disciplinary Restrictive Housing. A placement in Restrictive Housing in a state correctional facility for disciplinary purposes after a finding has been made that the inmate has committed a breach of discipline.

Exigent Circumstances. Circumstances that create an unacceptable risk to the safety of any person.

General Population. For purposes of 103 CMR 423.00, general population is defined as any housing area, other than a Restrictive Housing Unit (RHU), a Health Services Unit (HSU), a Department Segregation Unit (DSU), a DDU, a Secure Treatment Unit (STU), a Secure Adjustment Unit (SAU), or the Intensive Treatment Unit (ITU) at MCI-Framingham.

Inmate Management System (IMS). The Department of Correction's automated information system that provides processing, storage, and retrieval of inmate-related information needed by the Department.

Institution Duty Officer. A rotating staff person assigned specific institutional duties by the Superintendent.

Placement Review Committee. A multidisciplinary examination to determine whether Restrictive Housing continues to be necessary to reasonably manage risks of harm, notwithstanding any previous finding of a disciplinary breach, exigent circumstances, or other circumstances supporting a placement in Restrictive Housing.

Placement Review Group which shall include, but not be limited to, one member of the security staff, one member of the programming staff and one member of the mental health staff. This Committee may include the Superintendent, Deputy Superintendents, Director of Security, Director of Classification, Restrictive Housing Unit Captain, or their respective designees, and such other staff as deemed necessary to determine whether Restrictive Housing continues to be necessary to reasonably manage risks of harm, notwithstanding any previous finding of a disciplinary breach, exigent circumstances or other circumstances supporting a placement in Restrictive Housing.

Protective Custody/Special Housing Units. A form of separation from the general population for inmates requesting or requiring protection from other inmates for reasons of health or safety. The inmate's status is reviewed periodically in accordance with 103 DOC 422.00: Department Protective Custody Units, by the classification committee or designated group with the goal of terminating the separate housing assignment as soon as possible.

Qualified Mental Health Professionals. Treatment providers who are psychiatrists, psychologists, psychiatric social workers, psychiatric nurses, and others who by virtue of their education, credentials and experience are permitted by law to evaluate and care for the mental health needs of patients.

Restrictive Housing. A placement that requires an inmate to be confined to a cell for at least 22 hours per day for the safe and secure operation of the facility. For purposes of 103 CMR 423.00, Restrictive Housing shall not include the following: any placement in a DDU as the result of a sanction imposed in accordance with 103 CMR 430.00: Inmate Discipline; any placement of an inmate on disciplinary detention as the result of a sanction imposed in accordance with 103 CMR 430.00; any placement ordered by a medical or mental health provider including, but not limited to, the placement of an inmate in a Health Services Unit; the placement of an inmate in a hospital; the placement of an inmate in a medical setting where treatment is being provided; or the placement of an inmate on a mental health watch.

Restrictive Housing Unit (RHU). A separate housing area from general population within institutions in which inmates may be confined to a cell for more than 22 hours per day where:

(a) it has been determined that the inmate poses an unacceptable risk to the safety of others, of damage or destruction or property, or to the operation of a correctional facility;

(b) the inmate requires protection from harm by others; and/or

(c) the inmate is serving a disciplinary detention sanction.

Secure Adjustment Unit (SAU). A highly structured unit that is not Restrictive Housing and that provides access to cognitive behavioral treatment, education, programs, structured recreation, leisure time activities and mental health services for those inmates diverted from or released from Restrictive Housing.

Secure Treatment Unit (STU). A maximum security residential treatment program that is not Restrictive Housing and that is designed to provide an alternative to Restrictive Housing for inmates diagnosed with serious mental illness in accordance with clinical standards adopted by the Department of Correction.

Serious Mental Illness (SMI). A current or recent diagnosis by a Qualified Mental Health Professional of one or more of the following disorders described in the 5th edition of the Diagnostic and Statistical Manual of Mental Disorders:

(a) schizophrenia and other psychotic disorders;

(b) major depressive disorders;

(c) all types of bipolar disorders;

(d) a neurodevelopmental disorder, dementia or other cognitive disorder;

(e) any disorder commonly characterized by breaks with reality or perceptions of reality;

(f) all types of anxiety disorders;

(g) trauma and stressor related disorders; or

(h) severe personality disorders; or a finding by a Qualified Mental Health Professional that the inmate is at serious risk of substantially deteriorating mentally or emotionally while confined in Restrictive Housing, or already has so deteriorated while confined in Restrictive Housing, such that diversion or removal is deemed to be clinically appropriate by a Qualified Mental Health Professional.

Shift Commander. The officer designated by the Superintendent to be responsible for the supervision of all subordinate custodial staff and the care and custody of inmates during an assigned tour of duty.

Superintendent. The chief administrative officer of a correctional institution.