Detection and Reporting of Disciplinary Offenses

(1) Informal Handling of Lesser Offenses. The informal handling of lesser offenses in accordance with existing practices is not precluded or discouraged by 103 CMR 430.00. Where an employee reasonably believes that formal disciplinary action is not necessary, the employee may, with the approval and review of the employee's supervisor, within 24 hours issue a written warning or take other appropriate action and handle the matter informally. When informal sanctions are imposed the inmate shall be notified through an Informal Sanction Form. Additionally, each institution shall record this information into the unit/IMS Informal Sanction Screen within 24 hours to monitor and track informal sanctions being issued within the institution. Inmates may challenge the informal handling of a disciplinary matter and request that the matter be handled formally, and that a disciplinary report be written. If an inmate refuses to sign the Informal Sanction Form, which refusal acts as the inmate's exercise of a challenge to informal handling, the employee may proceed as provided in 103 CMR 430.09(2). Informal Sanctions are limited to one of the following: (a) Written Warning; (b) One - five hours extra duty; to be assigned as needed by the Unit Officer; (c) One - three days restriction in one's room or unit, to begin within 24 hours of the incident. Inmates on this type of restriction may leave the room or unit to appear at scheduled appointments, programs or meals; or (d) One - three days loss of a specified leisure activity; to begin within 24 hours of the incident. (2) Formal Handling of Disciplinary Offenses. Where informal handling is not appropriate, an employee who has reason to believe that a disciplinary offense has been committed by an inmate shall write a disciplinary report and submit it to the employee's supervisor for review within 24 hours. (a) Upon receipt of the disciplinary report, a supervisor shall further investigate the matter if deemed necessary, within 24 hours, and recommend one of the following: 1. the matter be handled informally in consultation with the reporting staff person; 2. the matter be dismissed if further investigation, facts or mitigating circumstances change the facts as originally presented; 3. formal action be taken and forward the report to the Shift Commander. (b) Upon receipt of the disciplinary report the Shift Commander shall, within 24 hours, recommend one of the following: 1. further investigation; 2. the matter be handled informally in consultation with the reporting staff person's supervisor; 3. the matter be dismissed if further investigation, facts or mitigating circumstances change the facts as originally presented; 4. formal action be taken and forward the report to the Disciplinary Officer. (3) At all levels of review, the disciplinary report shall be reviewed for accuracy, while ensuring adherence to applicable time frames. (4) All disciplinary reports shall be reviewed as required by 103 DOC 650: Mental Health Policy.