Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 430.00 - Inmate Discipline
Section 430.27 - Continuance Without a Finding

(1) Disciplinary Officers, Hearing Officers, and any appellate authority under 103 CMR 430.00 may, wholly within their discretion, and with the consent of the inmate, continue the inmate's disciplinary report(s) without a finding for a period not to exceed one year or any shorter period as may be set by the Disciplinary Officer, Hearing Officer, or appellate authority. If, at the conclusion of any such continuance, the inmate has pending but unresolved disciplinary charges, the continuance shall be extended until after a hearing is held, and findings issued for any such pending charges which arose during the period of continuance. At the end of any such continuance, the disciplinary report which was continued without a finding shall be filed, unless prior to such time the inmate is charged with and later found guilty of a disciplinary offense committed during the period of the continuance. If the inmate has been found guilty of a disciplinary offense committed during the period of the continuance, guilty findings shall automatically enter on all charges in the continued disciplinary report and the inmate shall be allowed to be heard only on the question of sanctions. A request to be heard on the question of sanctions shall be directed to the Superintendent of the institution in which the inmate is housed.

(2) An inmate agreeing to a continuance without a finding shall be informed in writing that the inmate is waiving the right to a hearing or appeal under 103 CMR 430.00, other than the right to be heard on the question of sanctions if sanctions are later imposed. The inmate in such case shall have no right to appeal the guilty findings or sanction entered under 103 CMR 430.27(2). Such waiver shall be on a form consistent with 103 CMR 430.00 and approved by the Commissioner or designee and shall be signed by the inmate and any staff aforementioned in 103 CMR 430.26(1). A request to be heard on sanctions shall be directed to the Superintendent of the institution in which the inmate is housed.

(3) Continuances without a finding under 103 CMR 430.26 shall not ordinarily be granted for Category 1 offenses.