Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 943.00 - County Correctional Facilities - Inmate Rules And Discipline
Section 943.05 - Formal Disciplinary Procedures

Universal Citation: 103 MA Code of Regs 103.943

Current through Register 1531, September 27, 2024

The inmate disciplinary plan shall include written policy and procedure that provides for and governs the formal handling of disciplinary offenses. Such formal procedures shall include, but not be limited to, the following requirements:

(1) When a staff member has reason to believe that a disciplinary offense has been committed by an inmate which, due to its nature, repetitiveness, possible sanction, or the inmate's refusal of an informal procedure, requires formal resolution, the staff member shall prepare a disciplinary report and forward it to the designated supervisor(s) before completion of the tour of duty.

(2) Disciplinary reports prepared by staff members shall include, at a minimum, the following information:

(a) the specific rule(s) violated;

(b) a formal statement of the charge(s);

(c) an explanation of the event, including who was involved, what transpired, and the time and location of occurrence;

(d) unusual inmate behavior;

(e) staff, or other, witness(es);

(f) disposition of any physical evidence;

(g) any immediate action taken, including the use of force; and

(h) reporting staff member's signature, and date and time report is made.

(3) An appropriate investigation of the alleged rule violation(s) shall begin within 24 hours, excluding weekends and holidays, after the disciplinary report is received by a designated supervisor, and shall be completed without unreasonable delay unless there are exceptional circumstances for delaying the investigation.

(4) Upon completion of an investigation indicating that further disciplinary action is warranted, a copy of the disciplinary report shall be given to the disciplinary officer/committee, and a written statement of the charge(s), including a description of the incident and the specific rule(s) violated, shall be given to the inmate. The inmate shall receive such written statement at least 24 hours prior to the disciplinary hearing.

(5) A disciplinary hearing shall be scheduled as soon as practicable, but not later than seven days, excluding weekends and holidays, after the disciplinary report is filed with the disciplinary officer/committee, unless the hearing is prevented by exceptional circumstances, unavoidable delays, or reasonable postponements. The reasons for any delays shall be documented.

(6) The inmate shall receive written notice of the time of the hearing at least 24 hours in advance, but may consent, in writing, to a hearing within less than 24 hours.

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