Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 430.00 - Inmate Discipline
Section 430.28 - DDU Hearings and Sanctions

(1) The Commissioner shall appoint a Special Hearing Officer(s) to hear all disciplinary matters which may result in the inmate receiving a sanction to a DDU. The Director may appoint a Special Disciplinary Officer(s) for disciplinary matters which may result in the inmate receiving a sanction to a DDU. This Special Disciplinary Officer shall perform the functions of a Disciplinary Officer, as set forth in 103 CMR 430.00 including, but not limited to, acting as the proponent.

(2) All DDU hearings shall be recorded by the Special Hearing Officer.

(3) A DDU Special Hearing Officer may suspend a sanction, or any portion thereof, for a period of time not to exceed 12 months.

(4) The Deputy Commissioner of the Prison Division or a designee shall serve as the appellate authority in any disciplinary case in which an inmate receives a recommended sanction to a DDU, subject to the procedures set forth in 103 CMR 430.18(1). When no DDU sanction is imposed, the inmate shall follow the normal appeal procedure provided by 103 CMR 430.18.

(5) The Deputy Commissioner of the Prison Division shall designate a staff person to conduct a disposition procedural review of all DDU hearings within ten business days of the conclusion of the appeal process to ensure that all procedural guidelines established in accordance with 103 CMR 430 have been complied with. This review shall be documented in IMS.

(6) The Superintendent may recommend that the Deputy Commissioner of the Prison Division approve an inmate(s) for release from the DDU prior to the expiration of the DDU sanction. The factors to be considered in making such a request to the Deputy Commissioner include, but shall not be limited to: the medical or mental health needs of an individual inmate, the need to prepare an inmate for release from custody, whether the inmate has made a positive institutional adjustment, or the operational needs of the DDU, e.g.:

(7) Inmates who are granted early release from the DDU prior to the expiration of the DDU sanction shall have the remainder of the DDU sanction suspended, conditional upon the inmate's disciplinary behavior. If an inmate subsequently receives a new disciplinary report for a Category 1 or Category 2 offense, the Deputy Commissioner of the Prison Division shall conduct a desk review to determine whether the inmate's disciplinary behavior warrants the resumption of the DDU sanction. The original termination date of the DDU sanction shall remain in effect.

(8) When an inmate in the DDU is expected to be released to the community within 40 days, any continued retention of the inmate in the DDU must be authorized by the Deputy Commissioner of the Prison Division or designee. When the inmate is released to the community directly from the DDU, the release shall be documented in an incident report indicating the approving authority for the continued placement in the DDU, the detailed release plan, and the required notifications provided in accordance with 103 DOC 493: Reentry Policy, 103 DOC 407: Victim Services, and 103 DOC 404: Inmate Release Policy. The requirements of 103 CMR 430.25(8) do not apply to immediate court-ordered releases.

(9) Any inmate released from the custody of the Department directly to the community pursuant to his or her Good Conduct Discharge (GCD) date, shall similarly be released from his or her DDU imposed sanction.