Appeal and Decision by the Commissioner

Whether or not an appeal has been taken, the Commissioner or his designee shall review and act upon the recommendation of the board within five weekdays after review by the Associate Commissioner of Programs, Treatment, and Classification. The Commissioner's action shall be based upon substantial evidence in the record of the hearing. In the event that the Commissioner makes a finding pursuant to 103 CMR 421.09, the Commissioner shall serve upon the inmate a written decision which shall contain the information required by 103 CMR 421.15(2)(a) through (c). The Commissioner may sustain and adopt the recommendation in its entirety, shorten, modify or lengthen the conditional release date, order a rehearing, or entirely reject a recommendation of placement in a DSU or another Massachusetts or out-of-state facility. The Commissioner shall specify and explain any aspects of his decision and reasoning which are different from those of the DSU Board. If the Commissioner decides that, contrary to the DSU board's recommendation, out-of-state or federal placement is warranted, the Commissioner shall allow the inmate five days from receipt of the Commissioner's written decision in which to file a writtenstatementorobjections pursuant to 103 CMR 421.15(2)(e).