Reclassification Reviews and Hearings

(1) Frequency. (a) The reclassification process begins with an Internal Classification Status Review, which shall be completed at least annually for each inmate by a CPO. (b) Inmates housed in the DDU, or a secure treatment unit while serving their DDU sanction, shall receive an Internal Classification Status Review within 14 days of admission and approximately 60 days prior to their projected discharge in addition to the annual Internal Classification Status Review. (c) Classification Schedule for Minimum and Pre-release. All inmates transferred to minimum or pre-release security shall have an Internal Classification Status Review completed within 14 days of admission. (d) Inmates with Parole Reserve Dates. Any inmate who receives a parole reserve date contingent upon completing a specified time in a lower level of security shall be reviewed in accordance with 103 CMR 420.07(1) and (4)(a) through (k) within 30 days of receipt of the Parole Board’s decision. (e) Inmates diagnosed with Gender Dysphoria shall be classified in accordance with 103 DOC 652: Identification, Treatment and Correctional Management of Inmates Diagnosed with Gender Dysphoria. (f) Request for an Early Reclassification Review Date. An inmate may request a hearing or review earlier than scheduled by submitting a written request to the Institutional Director of Classification or designee at the institution in which the inmate is housed. This request should include the reason for the request and any other pertinent information. Upon receipt of such a request, the Institutional Director of Classification or designee shall review pertinent information, and make a recommendation to the Superintendent or designee whether or not an earlier reclassification hearing is warranted. The inmate shall be informed of the Superintendent or designee’s decision in writing by institutional personnel. (2) Process. The CPO periodically reviews the inmate’s custody level and compliance with the personalized program plan through the Internal Classification Status Review process, as described in 103 CMR 420.08(2)(a) through (c): (a) The CPO shall do the following as part of an Internal Classification Status Review: 1. Update the inmate’s Objective Point Base Notification Form; 2. Verify the receipt of all documents per 103 DOC 417: Criminal History Records Information, OV, and adjustment information on present and, when applicable, prior incarcerations/awaiting trial; 3. Review the inmate’s criminal history as updated by Criminal History Records Information staff in accordance with the 103 DOC 417.00: Criminal History Records Information, available at: http://www.mass.gov/eopss/law-enforcement-and-cj/prisons/doc-policies; 4. Review work and housing evaluations, disciplinary history, and segregation placements; 5. The assigned CPO shall complete a risk/needs assessment for each inmate who scores moderate or high in either the Risk of Violence or Risk of Recidivism scale. The risk/needs assessment shall be completed upon transfer from the reception center during orientation at the receiving facility. 6 Review and update (if applicable) the inmate’s personalized program plan and the inmate’s compliance with same. An inmate’s personalized program plan shall be reviewed within 14 days of admission at Minimum and Pre-release and every six months thereafter. A review of the personalized program plan shall also occur 60 days prior to an inmate’s release. (b) Scheduling Reclassification Board Hearings. If a review of the inmate’s objective classification form and factors noted in 103 CMR 420.08(1) and (2), indicates the need for a transfer (higher, lower or lateral), the Institutional Director of Classification or designee shall schedule a classification hearing by a three person board in accordance with 103 CMR 420.07(1) and (3)(a) through (k). Once this classification hearing by a three person board has been scheduled, the reclassification process shall follow the process in accordance with 103 CMR 420.07. (c) Recommendations and Reclassification Dates. The CPO shall make recommendations and enter the results of the Internal Classification Status Review into IMS. The Institutional Director of Classification or designee shall approve, modify or deny recommendations made by the CPO and the next reclassification date will be established which shall not exceed six months where a discretionary override was used, and one year in all other cases. Shorter reclassification dates should be established for inmates when it is anticipated that their status may change; and for those inmates approaching parole and/or release. The inmate shall be notified verbally of the Internal Classification Status Review results and thereafter in writing by receiving a copy of the decision page. (3) Inmate Appeal. Where an inmate disagrees with the CPO Recommendation, supports a CPO Recommendation made, or waives the appeal process, the inmate or legal representative shall complete the Inmate Placement Request/Appeal Form, and shall submit the completed Form to the inmate’s assigned CPO within five business days of written notification of the review results. The Inmate Placement Request/Appeal Form shall not be accepted after five business days have elapsed unless otherwise approved by the Institutional Director of Classification or designee. Upon receipt of the Inmate Placement Request/Appeal Form, the CPO shall enter the information into IMS. The Superintendent or designee (the designee shall not be the Institutional Director of Classification) shall be the reviewing authority for appeals of Internal Classification Status Reviews. His or her decision is final and cannot be appealed. (4) Pre-classification Transfer. An initial or reclassification hearing shall normally occur before an inmate’s transfer. Inmates may be transferred prior to a classification hearing whenever: (a) an inmate is being investigated for possible disciplinary offenses; (b) an inmate is charged with a disciplinary offense; (c) an inmate is found guilty of a disciplinary offense; (d) security issues exist; (e) an inmate fails to meet preconditions of the current placement; (f) an inmate has a change in medical or mental health status; or (g) otherwise as deemed necessary or appropriate by the Commissioner or designee. Pre-classification transfers shall be approved by the Commissioner or designee prior to their occurrence. The receiving institution shall be responsible for conducting a hearing in accordance with 103 CMR 420.07(1) and (2), which shall normally be held within 20 business days of such a transfer. However, where an investigation is pending or necessary information is otherwise unavailable due to ongoing administrative processes, the hearing may be postponed until completion of the pending matter. In cases where the hearing has been delayed, a hearing will be scheduled as soon as possible, but no later than 90 days from transfer when the board shall proceed on the basis of all available information.