Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 901.00 - County Correctional Facilities - Application Of Standards
Section 901.04 - Waivers
Current through Register 1531, September 27, 2024
(1) Any Sheriff or facility administrator of a county correctional facility in existence on the effective date of 103 CMR 900.00 through 979.00 may apply in writing to the Commissioner for a waiver of one or more standards of 103 CMR 900.00 through 979.00, where existing facilities prevent compliance, and when the following conditions exist:
(2) The application for waiver shall cite each standard requested to be waived, state the reasons why compliance cannot be achieved, and describe steps to be taken to achieve as nearly as possible through alternative means the purpose of each standard requested to be waived.
(3) Upon receipt of a written application for waiver, the Commissioner shall by written decision expeditiously grant or deny said application. The Commissioner shall grant an application for waiver only where it is found that compliance cannot be achieved and that feasible steps have been designed to achieve as nearly as possible through alternative means the purpose of the standard.
(4) Granted waivers shall be reviewed at least annually by the Commissioner or designee to determine if conditions and circumstances are still existing to justify the waiver.