Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 483.00 - Visiting procedures
Section 483.13 - Searches of Visitors

Universal Citation: 103 MA Code of Regs 103.483

Current through Register 1531, September 27, 2024

(1) Each Superintendent shall have posted in the lobby or other entrance a large sign which reads "ALL VISITORS ARE SUBJECT TO BEING SEARCHED", and containing the same wording in Spanish, "TODAS LAS VISITAS ESTAN SUJETAS A REVISION".

(2) Visitors are allowed to bring in the following item(s) but must declare them to the processing officer. Items are to be carried in hand or in a clear plastic bag:

(a) Engagement rings, wedding rings/band, one religious medallion, and medical alert jewelry;

(b) Visitors who are required to maintain life-saving medication on their person (e.g., nitroglycerine, inhalers, and glucose tablets) shall obtain prior approval from the Superintendent to visit with such medication. The visitor shall submit to the Superintendent for review, written evidence, signed by a health care professional, documenting the need for such medication. Once substantiated, the Superintendent shall provide written approval to allow the visitor to enter the institution with the medication. The visitor shall be required to declare this medication and produce the Superintendent's written approval to the officer in charge of the visitor processing area prior to entering the pedestrian trap every time he or she visits. If this is the visitor's first time visiting a Department institution, the Shift Commander shall be notified for authorization to enter with the necessary medication. This one-time approval shall be documented via an incident report and made available to processing staff. The visitor shall be advised that he or she must obtain the required approval prior to his or her next visit. Visitors who have life-saving medication shall keep it on their person at all times;

(c) Infants. Two plastic bottles with either formula, milk, water or juice, one empty sippy cup, two infant diapers and infant wipes in a clear plastic bag, one blanket, one pacifier, two clear plastic sealed containers of baby food, one plastic spoon and one bib;

(d) A handkerchief; and

(e) Prescription eyeglasses (no case) and hearing aids.

ALL OTHER ITEMS REQUIRE PRIOR APPROVAL.

(3) Upon entering the pedestrian trap/processing area, the visitor must remove all outer garments, belt, shoes, etc., to be searched. The visitor shall also remove all items in his or her pockets. Pockets must be turned inside out. The officer assigned to the area shall inspect all items for contraband.

(4) All visitors shall be searched at medium and maximum security level institutions, and may be searched at minimum/pre-release security levels prior to entering the visiting room. A search of non-attorney visitors may be by canine officer utilizing a passive drug detection canine. Visitors may also be subject to scanning or inspection by walk through metal detector, hand held wand, and/or other similar equipment, devices, or tools. If an inmate visitor fails the metal detector or other search, a personal search shall then be required prior to any entrance. Prior to the personal search, the officer in charge of the visitor processing area must be notified for approval.

(5) In addition to the metal detector search, medium and maximum security institutions shall also require a personal-search-of-the-day in a sequence to be determined by the Shift Commander.

Visitors shall be granted the opportunity to leave the institution rather than submit to a personal search unless:

(a) The employee has those arrest powers granted by the authority of M.G.L. c. 127, § 127

(b) The employee has probable cause to believe that the visitor has committed an arrestable offense; and

(c) The employee has probable cause to believe that the visitor has physical evidence concealed on his or her person.

Under these conditions, a personal search incident to arrest may be conducted.

(6) If during any search contraband is found, the Shift Commander shall be notified immediately for appropriate action. Based on the circumstances and type of contraband found, the Shift Commander may either allow the visit to proceed or bar the visitor from entry into the institution.

(7) If the contraband is of a criminal nature {e.g., weapons, drugs), the shift commander may:

(a) Temporarily detain the visitor(s) until the police arrive and take any further action deemed necessary;

(b) With the approval of the superintendent, contact the state or local police immediately for arrest, transportation, booking and processing;

(c) An incident report shall be generated by the processing officer and a copy provided to the responding police agency as soon as possible, but before the end of the Officer's shift;

(d) Any contraband found by the processing officer on the visitor shall be seized by the officer, bagged and labeled with the officer's name, institution, identity of the visitor and the date the contraband was seized. The processing officer shall sign a statement verifying the contents and the chain of custody. The evidence and the chain of custody statement shall be given to the responding police officer who must sign and date a receipt for the evidence.

(e) If the state or local police do not respond to the facility after a one hour time period, the detained visitor(s) shall be released and a criminal complaint filed with the court upon approval of the Superintendent.

(8) Visitors who appear to be under the influence of drugs or alcohol or have the odor of what appears to be alcohol on their breath shall be refused entrance to the institution. The shift commander shall be notified immediately. In cases in which it appears a visitor has operated or may operate a motor vehicle while under the influence of alcohol and/or drugs, upon the Superintendent's approval, an officer or the shift commander shall contact state or local police prior to the visitor leaving state property. In such an instance, an incident report shall be generated by the processing officer.

(9) Staff shall use the utmost tact and dignity when dealing with individuals with disabilities. Visitors who utilize medical devices such as an automatic implantable cardioverter/defibrillator and/or pacemaker, wheelchairs, prosthetic devices, insulin pumps, casts, braces, medically necessary shoes, canes, walkers, guide dogs, etc., or requiring the use of oxygen tanks, shall obtain the Superintendent's prior approval to visit with such device(s). The visitor shall submit to the Superintendent written evidence signed by a health care professional documenting the need for such device(s). In circumstances where the medical condition is temporary, the written evidence shall include an anticipated end date for the use of all devices that are necessary for a limited time period {e.g., cane, cast). Once substantiated, the Superintendent shall provide written approval to allow the visitor to enter the institution with the device(s); if applicable, the Superintendent shall authorize an alternate search whenever the visitor is unable to submit to a metal detector search due to physical limitations or the presence of the device(s). The visitor shall be required to declare the device(s) and produce the written approval by the Superintendent each time he or she visits. If an alternative search is approved, the visitor shall be subject to a personal search every time he or she visits the institution. If this is a first time visit to a correctional facility by the visitor, the Shift Commander shall be notified for authorization to enter with the necessary device(s) provided the visitor has agreed to a personal search prior to entering. This one-time approval shall be documented via an incident report and made available to processing staff. The visitor shall be advised that he or she must obtain the required approval prior to his or her next visit. The officer shall note all medical devices upon entry and verify upon exit of the visiting room. Additionally, a tool control inventory sheet shall be completed for all oxygen tanks that enter the institution.

(10) Visitors at all institutions may be stamped with the stamp of the day on the hand designated by the Shift Commander, when applicable. Employees conducting searches shall do so in a professional and courteous manner.

(11) Personal searches shall be conducted by a correctional employee of the same sex as the visitor. Upon request by the visitor, personal searches shall be conducted by a correctional employee of the same gender as the one with which the visitor identifies.

(12) Papers and documents carried in or out by any judge, attorney, law student, paralegal, the Governor, any legislator or member of the Parole Board may be inspected for concealed articles but shall not be read.

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