Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 950.00 - County Correctional Facilities - Visiting
Section 950.05 - Exclusion of Visitors
Current through Register 1531, September 27, 2024
The visiting plan shall contain policy and procedure including, but not limited to, the following:
(1) Any visitor, even one who has obtained prior permission to visit, may be denied entrance to the county correctional facility or told to terminate a visit and leave the premises;
(2) A visitor who is denied entrance or asked to leave shall be told the reason for such action, except when it is deemed that to specify the reason might jeopardize security interests or the safety of any person or the facility;
(3) The officer(s) responsible for denying entrance or terminating a visit shall file a written report with the Sheriff/facility administrator, in accordance with Sheriff's Department policy. This report shall include the name of the visitor and the inmate visited, the time for the denial or termination, and the reasons for the action;
(4) When the Sheriff/facility administrator denies, suspends, or places restrictions on visiting privileges, the visitor shall be notified in writing of the reasons for such action, unless specification of the reason would jeopardize security interests or the safety of the individuals or the facility. The visitor may request a review of such action by writing the Sheriff/facility administrator. The Sheriff/facility administrator shall respond to all such requests in writing informing the visitor of the reasons for upholding, eliminating or modifying the original action;
(5) A statement that visiting privileges may be suspended for a specific time and procedures for reapplication of visiting privileges;
(6) Nothing in 103 CMR 950.00 shall in any way impair the Sheriff's or a designee's authority pursuant to M.G.L. c. 127, § 36 to exclude a visitor whenever, in his/her opinion admitting that person to visit would be injurious to the best interest of the facility or the administration of the county correctional facility; and
(7) Before any attorney or any of the officials listed in 103 CMR 950.03(2)(b) is excluded, the Sheriff/facility administrator or other officer in charge shall be consulted. The attorney or official may immediately appeal any exclusion to the Sheriff.
