Exclusion of Visitors

(1) Any visitor, even one who has obtained prior permission to visit, may be denied entrance to the institution or required to terminate a visit and leave the premises. M.G.L. c. 266, § 123 makes it a criminal trespass to refuse to leave an institution after being ordered by an officer to do so. (2) If an officer determines a visit should be denied, barred or terminated, the Shift Commander shall be notified for approval. The Shift Commander shall then make the decision as to whether or not the visit shall be denied, barred or terminated. (3) Before any attorney is denied, barred or terminated, the Superintendent shall be consulted. In accordance with 103 CMR 486.00: Attorney Access at Massachusetts Correctional Institutions, the Commissioner and/or the General Counsel shall be notified of such action by the institution Superintendent or a designee within 24 hours of the incident. Within 15 business days of any such action, the Superintendent shall take any of the actions listed in 103 CMR 483.15(8). In addition to the right to seek reconsideration or review by the Superintendent, pursuant to 103 CMR 483.15(9), the attorney may immediately appeal any exclusion to the Commissioner. (4) Before any of the Officials listed in 103 CMR 483.10(1)(a), are denied, barred or terminated, the Superintendent shall be notified and shall then consult with the Assistant Deputy Commissioner, Chief of Staff and, when appropriate, the Director of Legislative Affairs. The Superintendent shall then make the decision as to whether the denial, bar or termination is appropriate. Within 15 business days of any such action, the Superintendent shall take any of the actions listed 103 CMR 483.15(8). In addition to the right to seek reconsideration or review by the Superintendent, pursuant to 103 CMR 483.15(9), the official may immediately appeal any exclusion to the Commissioner. (5) 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. (6) Where the problem is something that clearly may be remedied, the visitor may be told that they may return to the institution at some specified time in the near future (such as the next day or the next Visiting Period) or upon satisfaction of some stated condition (such as having sufficient identification or being improperly dressed). In cases where this is not appropriate, the visitor shall be told to await notification from the Superintendent before returning to the institution. 103 CMR - 244.3 (7) Whenever a visitor is denied entrance, is barred, or a visit is terminated, except where such denial or termination is based on a prior order of the Superintendent, on a reason other than misconduct (e.g., visiting room reaching capacity), or on a failure to obtain prior permission to visit where such permission is required by 103 CMR 483.10, the Shift Commander shall file an incident report prior to the end of the shift. This report shall include the name of the visitor and the incarcerated or civilly committed individual visited, the time of the denial or termination and the reasons therefore. If the visitor has been informed that they may return at some specified time in the near future or upon satisfaction of some condition, the report shall so indicate. (8) The Superintendent or a designee shall promptly review all visitor incident reports and conduct whatever factual investigation they deem necessary. After such review, and within one week of receipt of the incident report, one of the following shall occur: (a) In a case where the visitor has been told that they may return to the institution at some specified time or upon the satisfaction of some stated condition, the Superintendent may take no action, thus allowing the resumption of visits to occur; (b) The Superintendent may notify the visitor that they may return to the institution to resume visiting; (c) The Superintendent may notify the visitor in writing that they may resume visiting under specified conditions; (d) The Superintendent may notify the visitor in writing that visiting privileges are suspended for a specified period of time, up to one year, and that they may reapply for admission at the end of the period. (e) If a barred visitor applies for reinstatement following the end date of the visitor's bar, and the Superintendent determines it necessary to extend the bar for an additional period of time up to one year, the Superintendent may enact such an extension only with the approval of the Commissioner. The visitor may again apply for reinstatement at the conclusion of any additional bar period and the Superintendent may only further extend the bar for a period of up to one year with the approval of the Commissioner. This procedure does not apply to permanent visitor bars for the attempted introduction of drug contraband or weapons. (f) Any visitor who is barred from visiting due to the attempted introduction of drug contraband or weapons shall not be eligible to visit a correctional institution again under any circumstances. (g) A copy of each such notice shall be sent forthwith to the Commissioner or designee, Chief of Staff, and the respective Assistant Deputy Commissioner, and a copy shall be given to the incarcerated or civilly committed individual. (9) Every Superintendent's notice pursuant to 103 CMR 483.15(8), shall advise the visitor that they may seek a review or reconsideration of the barring, suspension or restrictions by the Superintendent by sending them a letter within 15 business days. The visitor's letter shall include a detailed narrative describing the incident and setting forth the reason the visitor feels the bar, suspension or restriction should be lifted. The visitor may also request a meeting with the Superintendent or a designee. (10) The Superintendent shall review any visitor's letter seeking review or reconsideration of any bar, suspension or restriction still in effect. The Superintendent may take any action they deem necessary to resolve questions raised by a visitor's letter including, but not limited to, additional investigation of the facts, consultation with the Commissioner and/or the Department's Legal Division, or the conducting of an informal meeting or conference. After review, the Superintendent may eliminate, reduce or modify the specific limitations on visiting and shall respond within 30 business days. If additional time is required to make a determination, the Superintendent shall advise the visitor in writing, noting the reason(s) additional time is needed and an anticipated response date and/or timeline. No person shall be penalized for exercising the rights of appeal provided by 103 CMR 483.00. (11) Once an incarcerated individual transfers to a different institution, any suspended visitor may apply to the Superintendent of the new institution for permission to visit upon conclusion of the original suspension time frame by submitting a new visitor application. The Superintendent shall consult with the barring Superintendent and ensure that a background check pursuant to 103 CMR 483.10(3) is completed. 103 CMR - 244.4 (12) Nothing in 103 CMR 483.00 shall limit a Superintendent's authority pursuant to M.G.L. c. 127, § 37 to exclude a visitor whenever, in their opinion, admitting that person to visit would be injurious to the best interests of the institution, or limit the Superintendent's and Commissioner's authority pursuant to M.G.L. c. 127, § 36 to deny permission to visit.