Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 431.00 - Observation Of Behavior Reports
Section 431.10 - Appeal of Dispositions

(1) All residents may appeal the finding or sanction(s) of the B.R.C. to the Superintendent or designee. If the resident chooses to appeal, the disposition shall be suspended until such time as the Superintendent or designee reviews the case and makes a final disposition. The B.R.C. may order that any restrictions imposed pursuant to 103 CMR 431.08 remain in effect pending disposition of the appeal. In such event, the pre-hearing restrictions will be subject to the review requirements of 103 CMR 431.08(3). The B.R.C. may also refer the resident to the Superintendent for placement on separate housing as provided by Massachusetts Treatment Center 423.08(2)(e).

(2) All residents may appeal the finding or sanction(s) of the BRC to the Superintendent within five working days following the resident receipt of the BRC's decision. The Superintendent, for the cause shown, may consider an appeal filed after the expiration of the five day period but no later than 15 days after the resident has received the BRC's decision.

(3) The Superintendent or designee reviewing the appeal shall normally act on it within 30 days of receipt and forward a written disposition to the resident and B.R.C. Chairperson.