Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 430.00 - Inmate Discipline
Section 430.05 - Definitions
Aggravated Assault. An assault where aggravating factors exist including, but not limited to: use of a weapon; biting; use of a shod foot; multiple participants involved in the assault; seriousness of bodily injury; or, any other factors that manifest extreme indifference to life.
Automatic Discovery. Evidence which the Disciplinary Officer shall provide to the inmate automatically, and without request by the inmate, prior to the disciplinary hearing.
Business Day. Monday through Friday, excluding holidays.
Central Inmate Disciplinary Unit (CIDU). The centralized unit responsible for the oversight, implementation and auditing of all inmate disciplinary functions within the Department.
Commissioner. The Commissioner of Correction.
Department Disciplinary Unit (DDU). A restricted area or areas designated by the Commissioner to which an inmate has received a sanction recommended by a Special Hearing Officer.
Deputy Commissioner of the Prison Division (Deputy Commissioner). The executive staff person who reports to the Commissioner, and whose duties include, but are not limited to, the management of: Assistant Deputy Commissioner(s) of the Prison Division, the Central Inmate Disciplinary Unit, and the Office of Communication and Administrative Resolution.
Director of Inmate Discipline (Director or Director of Discipline). The administrative manager appointed by the Commissioner to oversee all inmate disciplinary functions within the Department, excluding Placement Reviews and conditions of confinement in the DDU.
Disciplinary Detention. The Restrictive Housing of an inmate who has been found guilty of a serious violation of 103 CMR 430.00. 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. Disciplinary detention does not refer to inmates sanctioned to a DDU.
Disciplinary Restrictive Housing. A placement of an inmate in Restrictive Housing in a state correctional facility for disciplinary purposes to serve a Disciplinary Detention or DDU sanction after a finding has been made that the inmate has committed a breach of discipline.
Disciplinary Officer. An officer of supervisory rank or function appointed by the Director in minimum and pre-release security level institutions, or the Superintendent, in consultation with the Director, in medium and maximum security level institutions. Disciplinary Officers shall oversee disciplinary processing functions at the institutional level and shall directly report to their appointing authority; i.e., the Director or Superintendent.
Exculpatory Evidence. Evidence that is potentially helpful to the inmate in either proving innocence or in establishing lesser responsibility for the offense(s) as charged.
Exigent Circumstances. Circumstances that create an unacceptable risk to the safety of any person.
Hearing Officer. An officer of supervisory rank who is appointed by and reports to the Director to conduct disciplinary hearings.
Inmate Management System (IMS). The Department's automated information system that provides processing, storage and retrieval of inmate-related information needed by Department personnel and other authorized users within the criminal justice system.
Intimate Act. An act that suggests overly familiar behavior, e.g., kissing, caressing or other related acts, excluding acts that are defined as sexual abuse in 103 DOC 519.00: Sexual Harassment/Abuse Response and Prevention Policy (SHARPP).
Offer of Proof. A brief description of expected testimony or evidence.
Placement Review. 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 Committee. A multidisciplinary group which shall include, but may not be limited to:
(a) member of the security staff;
(b) member of the programming staff; and
(c) 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.
Preponderance of Evidence. A belief, formed after weighing the evidence, that the proponent's contention is more likely true than not true.
Proponent. The staff member seeking a guilty finding against an inmate, or supporting a disciplinary report against an inmate.
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 430.00, Restrictive Housing shall not include the following: 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.
Secure Adjustment Unit. 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. 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. Secure Treatment Units consist of the Secure Treatment Program and the Behavioral Management Unit.
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;
(h) severe personality disorders; or
(i) 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.
Special Disciplinary Officer. A person appointed by the Commissioner, Superintendent or the Director to oversee any disciplinary matter or class of disciplinary matters, or an officer of supervisory rank or function appointed by the Director to oversee disciplinary processing functions for matters approved for a DDU disciplinary hearing. The Special Disciplinary Officer shall report directly to the appointing authority unless otherwise directed by the Commissioner.
Special Hearing Officer. A Hearing Officer appointed by the Commissioner to conduct DDU disciplinary hearings who shall report directly to the Director.
Stalking. The willful and malicious engagement in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress.
Superintendent. The chief administrative officer of a state correctional institution.
