Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 430.00 - Inmate Discipline
Section 430.09 - Detection and Reporting of Disciplinary Offenses
Current through Register 1531, September 27, 2024
(1) Informal Handling of Lesser Offenses. The informal handling of lesser offenses in accordance with existing practices is not precluded or discouraged by 103 CMR 430.00. Where an employee reasonably believes that formal disciplinary action is not necessary, the employee may, with the approval and review of the employee's supervisor, within 24 hours issue a written warning or take other appropriate action and handle the matter informally. When informal sanctions are imposed the inmate shall be notified through an Informal Sanction Form. Additionally, each institution shall record this information into the unit/IMS Informal Sanction Screen within 24 hours to monitor and track informal sanctions being issued within the institution. Inmates may challenge the informal handling of a disciplinary matter and request that the matter be handled formally, and that a disciplinary report be written. If an inmate refuses to sign the Informal Sanction Form, which refusal acts as the inmate's exercise of a challenge to informal handling, the employee may proceed as provided in 103 CMR 430.09(2). Informal Sanctions are limited to one of the following:
(2) Formal Handling of Disciplinary Offenses. Where informal handling is not appropriate, an employee who has reason to believe that a disciplinary offense has been committed by an inmate shall write a disciplinary report and submit it to the employee's supervisor for review within 24 hours.
(3) At all levels of review, the disciplinary report shall be reviewed for accuracy, while ensuring adherence to applicable time frames.
(4) All disciplinary reports shall be reviewed as required by 103 DOC 650: Mental Health Policy.