Deliberation and Decision by the DSU Board

(1) After the close of the presentation of the evidence, the DSU board shall meet in executive session to decide whether to recommend that the Commissioner remove the inmate from the general institutional populationand placehiminanotherMassachusetts or out-of-state facility, or place or retain the inmate in the DSU. A recommendation to place or retainthe inmate inthe DSU shallbe based on substantial evidence that, if confined in the general population of any state correctional facility, the inmate would pose a substantialthreat as set forth in 103 CMR 421.09(1)(a) through (c). The board shall thereafter return and orally notify the inmate of its decision. (2) Within two weekdays after the hearing, the board shall serve a written decision on the inmate. The written decision shall contain the following: (a) A description of the specific evidence relied upon; (b) A particularized statement of the reason(s) for the decision. The statement shall explainwhy the placement or retention of the inmate in a DSU is for administrative and not disciplinary reasons; (c) If placement or retention in a DSU is contemplated: 1. a conditional release date based on the specific aspects of the inmate's record and other information on which the recommendation is based, including any mitigating information. Conditional release dates shall not exceed six months except in the most extraordinary circumstances. The information may include the factors set forth in 103 CMR 421.10(1)(a); and 2. conditions that are specifically related to the administrative reasons for the placement or retention. If the inmate meets these conditions he shall be released from the DSU unless a new DSU referral has been made. Conditions may include the inmate's successful participation in specified counseling or evaluation programs, his completion of work assignments, remaining free of disciplinary reports, cooperation with correctional personnel, and maintenance of cell and sanitation standards; (d) Where the board has considered informant information, the findings required by 103 CMR 421.14; and (e) A notice of the inmate's right to appeal and to submit written objections within five days of the inmate's receipt of the board's written decision. Any appeal and objections should be addressed to the Associate Commissioner of Programs, Treatment and Classification, and submitted by the inmate or his representative to a staffperson. The staffperson shall deliver them to the correctional counselor before the close of his tour of duty. The correctional counselor shall promptly submit the name of any inmate who has filed an appeal to the Associate Commissioner of Programs, Treatment and Classification.