Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 460.00 - Transfer Procedures For The Massachusetts Treatment Center
Section 460.09 - Subsequent Transfer Board Hearings

Universal Citation: 103 MA Code of Regs 103.460

Current through Register 1531, September 27, 2024

(1) Subsequent transfer board hearings serve to determine whether to recommend that transferred Treatment Center residents should be returned to the Treatment Center. Subsequent boards will assess the transferred Treatment Center resident's appropriateness for return to the Treatment Center, based upon:

(a) the resident's compliance with such criteria and conditions established by the initial transfer board pursuant to 103 CMR 460.08(3)(i)3., and

(b) the resident's behavioral and programmatic record at the correctional institution(s) where the resident has been housed.

(2) The Treatment Center Superintendent, Treatment Center Clinical Director of Treatment, the CAB, or a classification board may refer any transferred Treatment Center resident to the transfer board to determine whether the transferred resident should be recommended to be returned to the Treatment Center. Such a review shall be conducted in accordance with 103 CMR 460.08(3)(a) through (l).

(3) Once every six months any transferred Treatment Center resident may submit a written request for review by the transfer board. The resident shall present the request in writing to the Treatment Center Superintendent who shall refer the transferred resident's request to the transfer board Chairperson. The resident shall bear the burden of submitting sufficient information to show that he has complied with the criteria and conditions established by the transfer board pursuant to 103 CMR 460.08(3)(i)3. Upon determination by the transfer board that the resident has met his burden of submission, the transfer board process shall proceed in accordance with 103 CMR 460.08(3)(a) through (l). The Chairperson may convene the transfer board either at the Treatment Center or at the correctional institution where the resident resides.

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