Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 430.00 - Inmate Discipline
Section 430.22 - Disciplinary Detention

Universal Citation: 103 MA Code of Regs 103.430

Current through Register 1531, September 27, 2024

(1) An inmate may be placed in disciplinary detention only pursuant to a sanction recommended by a Hearing Officer and approved by an appellate authority if the inmate filed an appeal. Placement in disciplinary detention shall not occur until:

(a) the inmate has waived the right to appeal either through submitting a written waiver to the Disciplinary Officer or failure to file an appeal within the time prescribed in 103 CMR 430.18; or

(b) the inmate's appeal has been decided against the inmate; or

(c) the inmate has requested in writing to begin the disciplinary detention time notwith-tanding the fact that the appeal is pending.

(2) The Superintendent shall designate such person or persons as deemed appropriate to review the status of inmates who do not have a serious mental illness housed in disciplinary detention on a weekly basis. If an inmate in disciplinary detention has a serious mental illness, the inmate shall be reviewed as set forth in 103 CMR 430.31(1) through (6). Consistent with the safety of all staff and inmates, an SMI inmate on disciplinary detention status may be transferred to an outplacement such as a Secure Adjustment Unit or Secure Treatment Unit in accordance with the process set forth in 103 CMR 430.31(8).

(3) No inmate shall be retained in disciplinary detention continuously for more than 15 days for any one offense. No more than 30 days disciplinary detention shall be imposed on an inmate for all offenses arising out of the same or substantially connected incident(s), unless specifically authorized by the Commissioner. No inmate shall, at any given time, be facing more than 30 days disciplinary detention time, unless for good cause specifically authorized in writing by the Commissioner. Each Superintendent may convert disciplinary detention to an equal amount of room/unit restriction based on operational needs of the facility.

(4) Inmates placed in disciplinary detention shall be subject to the same limitations and programming requirements set forth in 103 CMR 430.32 and 103 CMR 430.33 for inmates in the DDU.

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