Section 430.31 - DDU Confinement of SMI Inmates(1) An inmate shall not be held in the DDU if the inmate has been determined to have a serious mental illness or a finding has been made by a qualified mental health professional that DDU is clinically contraindicated unless, not later than 72 hours after the DDU placement or finding, the Commissioner or a designee certifies in writing:(a) the reason why the inmate may not be safely held in the general population; and(b) that there is no available placement in a Secure Treatment unit or Secure Adjustment Unit; and(c) that efforts are being undertaken to find appropriate housing and the status of the efforts; and(d) the anticipated time frame for resolution; or(e) whether exigent circumstances exist.(2) A copy of the written certification shall be provided to the inmate. An inmate held in DDU in accordance with 103 CMR 430.00 shall be offered additional mental health treatment in accordance with clinical standards adopted by the Department of Correction.(3) SMI inmates in DDU shall be reviewed thereafter at least every 72 hours. The Placement Review Committee shall perform such Placement Reviews on Monday, Wednesday and Friday.(4) After each Placement Review, the inmate shall be retained in the DDU only if the superintendent or designee determines that the inmate poses an unacceptable risk:(a) to the safety of others;(b) of damage or destruction or property; or(c) to the operation of a correctional facility.(5) Within 15 days of the inmate's initial placement in the DDU, or within 15 days of the Placement Review Committee's determination that the inmate's placement in DDU will last more than 60 days, the inmate shall be advised as to behavior standards and program participation goals that will increase the inmate's chances of a less restrictive placement upon next Placement Review. This shall be documented in the IMS.(6) Additionally, at each 72-hour Placement Review of an SMI inmate, the inmate shall be: (a) provided with 24 hours written notice of prior to each Placement Review;(b) provided the opportunity to participate in each review in writing;(c) upon review, if no placement change is ordered, provided a written statement as to the evidence relied on and the reasons for the placement decision; and(d) advised as to behavior standards and program participation goals that will increase the inmate's chances of a less restrictive placement upon next Placement Review if no placement change was ordered.(7) If an inmate diagnosed with an SMI remains in the DDU for more than 30 days, an individualized treatment plan that includes weekly monitoring by mental health staff, treatment as necessary, and steps to facilitate the transition of the inmate back to general population, shall be developed.(8) Consistent with the safety of all staff and inmates, an SMI inmate may be transferred from the DDU to an outplacement in a Secure Treatment Unit, e.g., STP or BMU, as provided in 103 DOC 650: Mental Health Services. Consistent with the safety of all staff and inmates, an SMI inmate may be transferred from the DDU to an outplacement in a Secure Adjustment Unit or other non-Restrictive Housing unit in accordance with the process set forth in 103 DOC 650: Mental Health Services, for placement and transfer of SMI inmates to Secure Treatment Units, and in consultation with the DDU Administrator.
An inmate transferred from the DDU to a Secure Treatment Unit, Secure Adjustment Unit, or other non-Restrictive Housing unit will continue to serve and be credited with his DDU time throughout his placement in such unit.
Adopted by Mass Register Issue 1387, eff. 3/22/2019.