103 CMR, § 483.05

Current through Register 1536, December 6, 2024
Section 483.05 - Definitions

Assistant Deputy Commissioner. A senior level manager who reports to the Deputy Commissioner of the Prison Services Division, and is responsible for ensuring policy compliance and standardization of procedures for institutions under his or her supervision in such areas as staff development, labor management, disorder management, and overall operations.

Child. For the purposes of 103 CMR 483.00 only, any person younger than 18 years old requiring a minor consent form to gain entrance into the institution. All persons meeting this criterion shall fall under all provisions of this policy.

Commissioner. The Commissioner of Correction.

Director of Security. The individual responsible for the overall security within a correctional institution through formulation and enforcement of rules and regulations and by overseeing the performance of security staff.

Dress Code for Inmates on Visit. Clothing worn by the inmate while the inmate is on a visit. Each Superintendent shall describe the dress code for visits in the inmate rules and regulations handbook.

General Counsel. The executive staff person who reports to the Commissioner, and is the chief legal counsel for the agency.

Holiday. Those legal holidays set forth in M.G.L. c. 4, § 7: January 1st (New Years Day), July 4th (Independence Day), November 11th (Veterans Day), and December 25th (Christmas Day), or the day following when any of said days occurs on Sunday, and the third Monday in January (Martin Luther King Day), the third Monday in February (Presidents' Day), the third Monday in April (Patriot's Day), the last Monday in May (Memorial Day), the first Monday in September (Labor Day), the second Monday in October (Columbus Day), and the fourth Thursday in November (Thanksgiving Day). With respect to Suffolk County only, March 17th (Evacuation Day) and June 17th (Bunker Hill Day), or the day following when said days occur on Sunday.

Immediate Family. Mother, father, spouse, children, grandchildren, brother, sister, grandmother, grandfather, half-siblings, son-in-law, daughter-in-law, sister-in-law, brother-in-law, mother-in-law, father-in-law, mother or father of an inmate's child if documented by a birth certificate and if they currently have physical custody of the child. A step-parent is considered within Immediate Family. Step-children may also be considered immediate family if the inmate and his or her spouse were married prior to the current incarceration.

Passive Drug Detection Canine. A canine that is trained exclusively to detect drugs and to passively indicate the detection (i.e., by sitting or lying down).

Personal Search. A clothed search of an individual limited to the pressing of palms of the hand against the outer surface of an individual's clothing, and examination of all pockets, shoes, caps and hairpieces. It does not include the removal of any of the person's clothing except removable outer garments (e.g., sweaters, blazers, suit jackets, coats and sweatshirts).

Probable Cause. Facts and circumstances which would lead a reasonable and prudent person to believe that:

(a) A crime has been committed, is being committed, or is about to be committed;

(b) A particular item or items of physical evidence of that crime presently exists; and

(c) The item or items are presently in the location to be searched.

Special Visiting Inmate Populations. Inmates who, due to special conditions of custody, may receive visits in locations other than the general visiting room, or in the general visiting room but only at specified times and/or under specified conditions. Such inmates may include, but are not limited to, inmates in maximum security, restrictive housing units, secure treatment units, residential treatment units, the Intensive Treatment Unit at MCI-Framingham, and protective custody units.

Superintendent. The Chief Administrative Officer of a state correctional institution.

Visiting Area. That area within an institution which is designated for visits between inmates and visitors.

Visiting Area Officer(s). The officer(s) assigned to the visiting area to maintain security and supervision.

Visitor (Inmate). Any person requesting entrance into a correctional institution's visiting room or other approved visiting area for the sole purpose of conducting a social/family visit with an inmate incarcerated within any state correctional institution.

Visitor (Institutional). Any person requesting entrance into a correctional institution to conduct official business such as, but not limited to the following: contractors, vendors, repairmen, facility tours, media, volunteers, and persons wishing to provide services to inmates or to examine or report on inmate conditions.

103 CMR, § 483.05

Amended by Mass Register Issue 1361, eff. 3/23/2018.
Amended by Mass Register Issue 1376, eff. 10/19/2018.