103 CMR 421.10
Proceedings Before the DSU Board
(1) Within five weekdays of the referral of an inmate to a DSU board, the inmate's correction
counselor shall prepare, provide the board, and serve on the inmate a written referral summary which
shall include the following:
(a) the specific aspects of the inmate's record or other information which the board may consider.
These may include the inmate's disciplinary record, past criminalrecord, prisonrecords frompast
institutionalization, psychological makeup, involvement in criminal activity while incarcerated,
attitude toward authority, institutional record on work assignments, adjustment to institutional
programs, willingness and ability to live with other inmates, record ofviolent reactions to stressful
situations, habitual conduct or language of a type likely to cause difficult management problems,
outstanding criminal investigations.
(b) the names of any witnesses whom the presenting officer may call to testify; and
(c) copies of any documents which will be introduced.
(2) The inmate shall be served with a Notice of Referral in the form set forth in Appendix A. The
Notice of Referral shall be accompanied by the following: a Referral Summary and its supporting
documents; the Powers of the Board and Procedures To Be Followed; a Request for Representation
and/or Witnesses form; and, a Waiver of 72 Hour Notice and/or Waiver of Appearance form.
(3) Written notice ofthe hearingmust be givento the inmate, and upon request to his representative,
at least 72 hours before the hearing.
(4) The hearing shall be held within a reasonable time. The board may continue the hearing at its
discretionwithnotice to the inmate. The inmate shall be entitled to one continuance for good cause if
made in writing and submitted to a staffperson at least 24 hours in advance of the scheduled hearing.
(5) The inmate may waive his right to 72 hours notice of the hearing and/or his right to appear before
the board. Any such waiver shall be documented, and the hearing may proceed accordingly.
(6) If the inmate wishes to be represented by an attorney or law student or have certain witnesses
testify, he shall complete the appropriate request form and submit it to a staffperson within 24 hours
of receiving it. The staffperson who receives such a completed request shall deliver it to the
correctional counselor before the close of his tour of duty. The failure of an inmate to submit the
completed request form may, in the discretion of the board chairperson, constitute a waiver of the
inmate's rights to call witnesses and/or to be represented at the hearing.