Waivers

(1) Any Sheriff or facility administrator of a county correctional facility in existence on the effective date of 103 CMR 900.00 through 979.00 may apply in writing to the Commissioner for a waiver of one or more standards of 103 CMR 900.00 through 979.00, where existing facilities prevent compliance, and when the following conditions exist: (a) non-compliance with the standard does not adversely affect the life, health and safety of staff or inmates or the constitutional operation of the facility; and, (b) overall facility programming compensates for conditions resulting in non-compliance with the standard. (2) The application for waiver shall cite each standard requested to be waived, state the reasons why compliance cannot be achieved, and describe steps to be taken to achieve as nearly as possible through alternative means the purpose of each standard requested to be waived. (3) Upon receipt of a written application for waiver, the Commissioner shall by written decision expeditiously grant or deny said application. The Commissioner shall grant an application for waiver only where it is found that compliance cannot be achieved and that feasible steps have been designed to achieve as nearly as possible through alternative means the purpose of the standard. (4) Granted waivers shall be reviewed at least annually by the Commissioner or designee to determine if conditions and circumstances are still existing to justify the waiver. 103 CMR: DEPARTMENT OF CORRECTION