103 CMR, § 423.13

Current through Register 1536, December 6, 2024

Section 423.13 - Conditions of Restrictive Housing

Each superintendent shall ensure each Restrictive Housing Unit provides for security, safety and orderly operation.

Inmates in Restrictive Housing shall be provided with the following:

(a) meals that meet the same standards established by the Commissioner for general population inmates;

(b) access to showers and shaving not less than three days per week;

(c) issuance of an allowed exchange of clothing, bedding, and linen, and provided laundry, barbering, and hair care services on the same basis as general population;

(d) the same opportunities for writing and receipt of letters as is available to the general population;

(e) access to legal materials and legal reference material;

(f) rights of visitation and communication by those properly authorized; provided, however, that the authorization may be diminished for the enforcement of discipline for a period not to exceed 15 days for each offense;

(g) access to reading and writing materials and the opportunity to borrow reading materials from the institution library unless clinically contraindicated;

(h) access to either a radio or television, the choice of which will be in the Department's sole discretion, if confinement exceeds 30 days;

(i) periodic mental and psychiatric examinations under the supervision of the Department of Mental Health;

(j) medical and psychiatric treatment as clinically indicated under the supervision of the Department of Mental Health;

(k) access to canteen purchases and privileges to retain property in a cell as provided by 103 CMR 403.00: Inmate Property, however, such access and privileges may be diminished for the enforcement of discipline for a period not to exceed 15 days for each offense or where inconsistent with the security of the unit;

(l) one hour of exercise per day outside their cells, five days per week, unless security or safety considerations dictate otherwise. Additional out-of-cell time shall be provided as required by 103 DOC 650: Mental Health Services;

(m) telephone privileges in accordance with 103 CMR 482.00: Telephone Access and Use. Superintendents may set limits on the permitted number of telephone calls; and

(n) the same access to disability accommodations as inmates in general population, except where inconsistent with the security of the unit.

Subject to any disciplinary sanctions imposed in accordance with 103 CMR 430.00: Inmate Discipline, upon initial entry to Restrictive Housing, inmates who possess such will be permitted to retain their personal tablets. Upon request, after initial entry to Restrictive Housing, and subject to disciplinary sanctions imposed in accordance with 103 CMR 430.00, inmates who do not possess personal tablets will be provided with radios and headphones to use while in Restrictive Housing.

Notwithstanding the provisions of 103 CMR 423.13, the Superintendent may further limit the amount of property and issue scrubs in lieu of such clothing for security purposes if there is imminent danger that an inmate or inmates will destroy an item, or induce injury to self or others.

Inmates held in Restrictive Housing for a period of more than 30 days shall have access to vocational, educational and rehabilitative programs to the maximum extent possible consistent with the safety and security of the unit and shall receive good time for participation at the same rates as the general population. In addition, step down programs shall also be offered to facilitate the gradual reintegration of the inmate into general population or the community.

Any inmate who has fewer than 180 days until the inmate's mandatory release date or parole release date and is held in Restrictive Housing shall be offered reentry programming that shall include, but not be limited to, substantial resocialization programming in a group setting, regular mental health counseling to assist with the transition, housing assistance, assistance obtaining state and federal benefits, employment readiness training and programming designed to help the person rebuild interpersonal relationships, which may include, but not be limited to, anger management and parenting courses and other reentry planning services offered to inmates in a general population setting.

103 CMR, § 423.13

Amended by Mass Register Issue 1387, eff. 3/22/2019.