Current through Register 1531, September 27, 2024
Each Superintendent shall develop institution procedures to
ensure a systematic approach to the requests and approval process of
visitors.
It is the Department's policy not to restrict visiting to
prescribed classes of persons such as inmates' relatives or friends, or prior
acquaintances. Each inmate shall, however, only be allowed a maximum of ten
pre-approved adult visitors, as outlined in 103 CMR 483.10(1). Although minors
do not require pre-approval, the guidelines outlined in 103 CMR 483.10(10) must
be met prior to the allowance of minor visitation. The preapproved visitors may
consist of a combination of immediate family members and/or friends. This list
may be revised upon an inmate's request twice per year. Requests for changes
shall be submitted on the Inmate Visitor Listing Form available at each inmate
library, and attached as Attachment 3 to 103 CMR 483.000 at each facility.
Requests for changes shall be submitted to the Director of Security for
processing.
NOTE: If an inmate's immediate family
exceeds ten and the inmate only has immediate family on his or her list, then
exceptions may be made to exceed this number, upon the written approval of the
Superintendent.
(1)
Authorized Number. An inmate shall be authorized to
place up to the following number of approved visitors on the pre-approved
visiting list:
|
Level of Facility
|
Number Authorized
|
|
Maximum
|
5
|
|
Medium
|
8
|
|
Minimum/Pre-release
|
10
|
(2) The
following restrictions on who may visit do apply:
(a) By statute (M.G.L. c. 127, § 36), no
person except the Governor, a Member of the Governor's Council, a Member of the
General Court, a Justice of the Supreme Judicial, Superior or District Court,
the Attorney General, a District Attorney, the Commissioner, a Deputy
Commissioner of Correction, a Member of the Parole Board, or a Parole or
Probation Officer may visit a state correctional institution without the
permission of the Superintendent or the Commissioner.
(b) By statute (M.G.L. c. 127, § 37),
the Superintendent may refuse admission to a person who has permission to visit
if, in the Superintendent's opinion, such admission would be injurious to the
best interests of the institution.
(c) Generally, no one may visit an inmate who
is temporarily confined in an outside hospital (other than the Lemuel Shattuck
Hospital Correctional Unit, which shall maintain its own visiting procedures).
Inmates who are medically determined to be in critical condition or in imminent
danger of death may be allowed to have visits if the Superintendent of the
parent institution has provided written authorization.
(d) Except for the officials listed in 103
CMR 483.10(l)(a), and except as provided by
103 CMR 486.00:
Attorney Access at Massachusetts Correctional Institutions,
persons wishing to visit a correctional institution to provide services to
inmates or to examine or report on inmates or conditions must obtain prior
permission to visit. Unless a Department regulation (e.g.,103 CMR
131.00: News Media Relations; 485.00:
Volunteers and Volunteer Programs; 486.00: Attorney
Access at Massachusetts Correctional Institutions) establishes a
particular procedure for obtaining permission, such visitors shall apply to the
Superintendent.
(e)
Special Visits. Exceptions to the visiting schedule,
duration of visits, the number of people allowed to visit at one time, and/or
other requests, may be considered under special circumstances
(e.g., visitors who have traveled over 100 miles one-way).
Such requests must be submitted in writing to the Superintendent or a designee.
Special visit approval shall be documented in writing and a copy shall be sent
to the requesting visitor, the inmate, the visitor processing area and outer
control. Consideration for a special visit shall be at the Superintendent's
discretion. All visitors approved through such requests shall be subject to the
preapproval process outlined in 103 CMR 483.10(2)(e) prior to entry into a
Department facility.
Upon commitment to a Department institution, an inmate shall be
allowed to have two visitors and a reasonable number of visiting children
pending the visitor preapproval process. Inmates shall submit an Inmate Visitor
Listing within 30 days of admission to the Department. However, visitors who
are added to any subsequent Inmate Visitor Lists shall not be allowed to visit
until approved.
The two visitors allowed to visit pending the approval process
shall become inactive after 40 business days if not properly approved through
the application process.
(3) Up to ten blank copies of The Visitation
Application (available at www.mass.gov/doc, and at each inmate library attached
as Attachment 1 to
103 CMR
483.00) and a copy of the Inmate Visitor Listing
shall be provided to each inmate at inmate orientation. Prospective visitors
shall complete and return the forms with a copy of current photo identification
to the institution's Director of Security. Where required per
103 CMR 483.13(2)(b) or
(9), the prospective visitor shall also
include medical documentation. Applications shall be approved or denied within
a reasonable amount of time.
(4)
Prior to submitting the application to the Director of Security for final
approval/disapproval, institution staff shall complete criminal history
background and Victim Notification Registry (VNR) checks of the potential
visitor using the criminal justice information system (CJIS). The
Superintendent may direct staff to complete subsequent checks.
(5) Upon receipt of a Visitor Application,
the Director of Security shall review the application. An improper and/or
incomplete application shall be returned to the individual submitting the
application. The reason for the returned application shall be included as well
as the need for resubmittal. After consulting with any necessary staff, the
Director of Security shall make the final decision.
(6) If the application is approved or denied,
the visitor's name and status shall be entered on the Inmate Visitor Listing
which shall be maintained at a central location as determined by the
Superintendent. This location shall be accessible to staff processing
visits.
(7) The prospective visitor
shall be notified in writing of an approval or, in the case of a denial, the
reason(s) for a denial, through the Visitor Status Notification Form (available
at www.mass.gov/doc, and at each inmate library, attached as Attachment 4 to
103 CMR
483.00) within a reasonable period of time. The
prospective visitor may appeal a denial in writing to the Superintendent. The
inmate shall be notified in writing whether the visitor has been approved or
denied.
(8) Reasons for denial may
include, but are not limited to the following:
(a) The prospective visitor poses a direct
threat to the safety, security and/or orderly operation of the
institution;
(b) If the prospective
visitor is a victim of the inmate or a family member of the victim, the
guidelines outlined in 103 CMR 483.10(10)(f) shall be followed prior to
rendering of a final decision;
(c)
The prospective visitor is discovered to have a previously disclosed felony
conviction or is convicted of a new felony. However, the Superintendent has the
discretion to approve a visitor based on the severity and date of previous
felony convictions in accordance with 103 CMR 483.10;
(d) The prospective visitor has previously
introduced contraband into a correctional institution;
(e) The prospective visitor is listed as an
approved visitor on another inmate's visitation list within the Department,
except where a prospective visitor requests to visit multiple immediate family
members who are incarcerated;
(f)
The prospective visitor has active felony charges or warrants
pending;
(g) The prospective
visitor provides false information on the visitation application;
(h) The prospective visitor is currently
barred from entering any Department institution;
(i) The prospective visitor has an active
restraining order (209A) against the inmate or the inmate has an active
restraining order against the prospective visitor;
(j) The prospective visitor has previously
assisted an inmate in a violation of institutional rules and regulations
(e.g., violations of mail regulations, financial transactions
regulations, and/or telephone access regulations, such as facilitating
three-way telephone calls).
(9) If an inmate requests to delete a visitor
from his or her visitor listing, the Inmate Visitor Listing shall be completed
and submitted to the Director of Security. A Visitor Status Notification shall
be completed and a copy forwarded to both the visitor and inmate.
(10) Approval of visitors shall be at the
Superintendent or designee's discretion, in accordance with the following
guidelines:
(a) Children younger than 18 years
old may visit without being on the inmate's approved visitor list, provided
they are accompanied by a parent, legal guardian having physical custody and
who is on the inmate's approved visiting list. Originals or copies of birth
certificates or of official hospital records verifying the birth of the child,
the date of birth of the child, and parent information, are required for
children younger than 18 years old;
(b) An adult who is not the parent or
guardian having physical custody of the minor must submit a completed Minor
Consent Form (available at www.mass.gov/doc, and at each inmate library,
attached as Attachment 2 to
103 CMR
483.00). The adult shall also provide the
Superintendent copies of the minor's birth certificate or of an official
hospital record verifying the birth of the child, the date of birth of the
child, and parent information and obtain the Superintendent's approval prior to
visiting with the minor. Minor Consent Forms shall not need to be resubmitted
upon the inmate's transfer to another Department institution;
(c) Adults entering with a minor shall have
the minor's original or a copy of the minor's birth certificate or an official
hospital record verifying the birth of the child, the date of birth of the
child, and parent information, and if the adult is not the parent or guardian,
a copy of the approved Minor Consent Form with them each time they visit. An
inmate may sign the minor consent form if he or she is noted as the parent on
the child's birth certificate;
(d)
Members of the clergy, as authorized by the Chaplain or Superintendent, need
not be placed on the Approved Visitors List;
(e) Attorneys, law students, paralegals
and/or private investigators need not be placed on the Approved Visitors List;
and
(f) If the prospective visitor
has been approved or denied, the name shall be entered on the inmate's visitor
listing. If the prospective visitor is the victim, family member of a victim,
or registered to receive notification concerning an inmate currently
incarcerated, the Victim Service Unit shall be informed to provide additional
information and guidance on the proper course of action. The Superintendent or
designee shall make the final decision when a prospective visitor is initially
denied.
(11) The
following shall apply for persons with past criminal felony convictions:
(a) A visitor who is paroled or otherwise
released from Department custody must obtain the permission of the
Superintendent before visiting an inmate who is still confined;
(b) Inmate family members recently released
from a correctional facility may not be considered for visitation approval for
six months following release from incarceration;
(c) Other visitor applicants with prior
incarcerations who are not immediate family members may apply for visitation
one year after release from confinement; and
(d) The Superintendent or designee may deny
the visitation applications of anyone with felony convictions if it is believed
that the security of the institution or safety of individuals could be
jeopardized.
EXCEPTIONS MAY BE MADE BY THE COMMISSIONER OR A
DESIGNEE.
(12) The
following shall also apply to current/former employees, contract staff,
interns, and volunteers:
(a) Current or former
employees of the Department, of contract agencies, and former Department
interns shall not be approved to visit an inmate unless they are immediate
family members of the inmate or if they left their service to the Department in
good standing. In such cases, the Superintendent may grant approval. If further
extenuating circumstances exist, a request may be submitted in writing to the
Superintendent;
(b) If the
prospective visitor's separation from the Department was due to a violation of
Department policy or state law, whether or not prosecution occurred, visitation
requests shall not be considered for at least a minimal period of one year,
depending on the severity of the violation; and
(c) Prospective visitors who are or have been
volunteers may be considered for visitation approval upon written authorization
from the Superintendent.
(13) Visitors may not be placed on more than
one inmate's visiting list at the same institution or visit an inmate at
another institution unless the inmate(s) are immediate family members of the
visitor.
(14) No child who was a
victim of the inmate's offense shall be authorized to visit without the
authorization of the Commissioner or a designee.
(15) All copies of visitor applications shall
be maintained in the institutional visitation file or electronically, clearly
marked "approved" or "disapproved" with the signature of the Superintendent or
a designee in accordance with the Massachusetts State-wide Record Retention
Schedule.
(16) Each institution
shall maintain an electronic record of the names of all visitors admitted to
the institution to visit inmates through the Inmate Management System
(IMS).
