Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 943.00 - County Correctional Facilities - Inmate Rules And Discipline
Section 943.06 - Procedures for Disciplinary Hearings

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 governing disciplinary hearings which shall include, but not be limited to, the following requirements:

(1) Disciplinary hearings shall be conducted by an impartial hearing officer appointed by the Sheriff/facility administrator.

(2) Disciplinary hearing proceedings shall provide that:

(a) inmates charged with rule violations are present at the hearing, unless they waive the right in writing or through behavior; the waiver is documented;

(b) inmates may be excluded during the testimony of any inmate or other informant whose testimony must be given in confidence and the reasons for the inmate's exclusion are documented;

(c) the charged inmate is given an opportunity to make a statement and present documentary evidence and to request as a witness any person who has relevant and not unduly cumulative information; such requests may be denied when the appearance of the witness may jeopardize the life or safety of persons or the security or order of the facility; reasons for such denial shall be stated in writing;

(d) if an inmate is illiterate or non-english speaking, or when the issues presented are complex, the inmate shall be afforded the assistance of a staff member designated by the Sheriff/facility administrator or designee; and

(e) postponement or continuance of the hearing may be granted for a reasonable period upon good cause, which shall be documented.

(3) The hearing officer shall, before reading the charge regarding a disciplinary offense which has been or may be referred to the district attorney for prosecution, advise the inmate that anything which is stated may be used against him in any subsequent criminal proceedings.

(4) The hearing officer's decision shall be based solely upon information obtained in the hearing process, including staff reports, statements of the inmate charged, and evidence derived from witnesses, documents, and video recordings.

(5) A written record shall be made of the disciplinary hearing decision, the disposition and sanctions, and the reasons for the action(s) imposed. The decision shall be reached and a copy of the hearing decision shall be given to the inmate within 48 hours of the conclusion of the hearing.

(6) A review shall be conducted of all disciplinary hearings and dispositions by the Sheriff/facility administrator or designee.

(7) Disciplinary reports concerning an alleged rule violation of which an inmate is found not guilty shall be removed from the inmate's files.

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