Representation of Inmates, Special Accommodations, and the Recording of Proceedings

(1) An inmate may be represented by an attorney or a law student in disciplinary proceedings in accordance with 103 CMR 430.00. It is the inmate's responsibility to secure such representation. The inmate shall be allowed to make, or have made on the inmate's behalf, a telephone call for that purpose. If a representative agrees to represent an inmate, he or she shall provide written notice to the Disciplinary Officer. Provided written notice is received, a Disciplinary Officer shall allow a continuance request unless the Disciplinary Officer determines the continuance would cause undue delay or is otherwise unreasonable. The inmate's representative shall be entitled to make one amended written request for witnesses, evidence or the reporting staff person's presence, provided that such amended request is communicated to the Disciplinary Officer at least three business days prior to the scheduled time for the hearing. (2) Where an inmate is illiterate or non-English speaking, or where the issues presented are complex, the inmate shall be afforded the right to be assisted by a staff member designated by the Disciplinary Officer or by the Department's designated telephonic interpreter service. It shall be the inmate's responsibility to request such assistance within a reasonable time prior to the scheduled hearing. (3) An inmate, either verbally or in writing, may seek an accommodation pursuant to 103 DOC 408: Reasonable Accommodations for Inmates, for any of the procedures set forth in 103 CMR 430.00. Whenever said request is made, the Institution's Americans with Disabilities Act (ADA) Coordinator shall determine what accommodations, if any, are reasonable pursuant to the procedures set forth in 103 DOC 408. (4) An inmate shall be permitted to record a hearing before a Hearing Officer through use of tape or electronic recording equipment provided by the inmate or the inmate's representative. Upon timely request by the inmate to the Disciplinary Officer, ordinarily to be made along with the inmate's request for representation/witness form, but in no case less than 48 hours prior to the hearing, the Hearing Officer or designee shall record the hearing electronically and provide a copy of the hearing for the inmate's use with a reasonable charge to be paid by the inmate. An indigent inmate, as defined by 103 CMR 481.00: Inmate Mail, shall be afforded a recorded copy of the hearing upon prior written request by the inmate or the inmate's representative. The inmate shall be required to deliver any recordings so used to the Hearing Officer at the close of the disciplinary hearing. The Hearing Officer shall deliver such recording(s) to the Disciplinary Officer who shall be responsible for the safekeeping of the recordings. The inmate or the inmate's representative shall have access to the recording(s) for future reference and the representative shall be permitted to make and retain a duplicate recording at the hearing.