Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 486.00 - Attorney Access At Massachusetts Correctional Institutions
Section 486.05 - Definitions
Attorney. Any active member of the bar of Massachusetts or any other jurisdiction, state or federal, who is in good standing, or any law school graduate who is practicing pursuant to Massachusetts Supreme Judicial Court Rule 3:03, and who represents, seeks to represent, or wishes to meet with, an inmate at a Massachusetts Correctional Institution for pending or potential litigation purposes or for the purposes of an administrative hearing.
Inmates Housed Apart from the General Population. Any inmate in administrative separate confinement or segregation as a result of Departmental classification or hospital confinement.
Interpreter. Any person screened and/or certified by the Massachusetts Trial Court Office of Court Interpreter Services who converts spoken, written or sign language statements from one language to another.
Law Student. Any person enrolled in an accredited law school.
Non-contact Visit. A one-on-one meeting between an attorney and an inmate with an opportunity for conversational privacy, eye-contact, and the ability to exchange court documents and legal materials with the assistance of correctional staff, but without an opportunity for physical contact.
Paralegal. Any person who works on legal and related matters under the authorization and supervision of an attorney as defined in 103 CMR 486.05: Attorney.
Pat Down Search. A clothed search of an individual limited to the pressing of hands against the outer surface of an individual's clothing, including the interior of pockets, as well as inspection of an individual's hair or hairpiece. It does not include the removal of any of the person's clothing except footwear, accessories (e.g., belts, scarves, etc.) and outer garments (e.g., sweaters, blazers, suit jackets, coats, hats, etc.), which may be inspected upon such removal.
Private Investigator. A person who is licensed pursuant to M.G.L. c. 147, § 25 or is exempt from said licensing requirements pursuant to M.G.L. c. 147, § 23, and is engaged in business as a private detective, private investigator, or investigator, and who is either working under the authorization and supervision of an attorney, or on a verified pro se litigation, or has been appointed to an active legal matter by a court of competent jurisdiction.
Reasonable Suspicion. Specific, articulable facts and circumstances that warrant a rational inference by a person with correctional experience that a visitor may be engaged in, attempting to engage in, or about to engage in, criminal or other prohibited activity. Triggering a metal detection device alone, does not create reasonable suspicion, but may be considered in determining whether reasonable suspicion exists.
