Section 483.10 - Visitor Approval ProcessEach Superintendent shall develop institution procedures to ensure a systematic approach to the requests and approval process of visitors.
It is the Department's policy not to restrict visiting to prescribed classes of persons such as inmates' relatives or friends, or prior acquaintances. Each inmate shall, however, only be allowed a maximum of ten pre-approved adult visitors, as outlined in 103 CMR 483.10(1). Although minors do not require pre-approval, the guidelines outlined in 103 CMR 483.10(10) must be met prior to the allowance of minor visitation. The preapproved visitors may consist of a combination of immediate family members and/or friends. This list may be revised upon an inmate's request twice per year. Requests for changes shall be submitted on the Inmate Visitor Listing Form available at each inmate library, and attached as Attachment 3 to 103 CMR 483.000 at each facility. Requests for changes shall be submitted to the Director of Security for processing.
NOTE: If an inmate's immediate family exceeds ten and the inmate only has immediate family on his or her list, then exceptions may be made to exceed this number, upon the written approval of the Superintendent.
(1)Authorized Number. An inmate shall be authorized to place up to the following number of approved visitors on the pre-approved visiting list: Level of Facility | Number Authorized |
Maximum | 5 |
Medium | 8 |
Minimum/Pre-release | 10 |
(2) The following restrictions on who may visit do apply: (a) By statute (M.G.L. c. 127, § 36), no person except the Governor, a Member of the Governor's Council, a Member of the General Court, a Justice of the Supreme Judicial, Superior or District Court, the Attorney General, a District Attorney, the Commissioner, a Deputy Commissioner of Correction, a Member of the Parole Board, or a Parole or Probation Officer may visit a state correctional institution without the permission of the Superintendent or the Commissioner.(b) By statute (M.G.L. c. 127, § 37), the Superintendent may refuse admission to a person who has permission to visit if, in the Superintendent's opinion, such admission would be injurious to the best interests of the institution.(c) Generally, no one may visit an inmate who is temporarily confined in an outside hospital (other than the Lemuel Shattuck Hospital Correctional Unit, which shall maintain its own visiting procedures). Inmates who are medically determined to be in critical condition or in imminent danger of death may be allowed to have visits if the Superintendent of the parent institution has provided written authorization.(d) Except for the officials listed in 103 CMR 483.10(l)(a), and except as provided by 103 CMR 486.00: Attorney Access at Massachusetts Correctional Institutions, persons wishing to visit a correctional institution to provide services to inmates or to examine or report on inmates or conditions must obtain prior permission to visit. Unless a Department regulation (e.g.,103 CMR 131.00: News Media Relations; 485.00: Volunteers and Volunteer Programs; 486.00: Attorney Access at Massachusetts Correctional Institutions) establishes a particular procedure for obtaining permission, such visitors shall apply to the Superintendent.(e)Special Visits. Exceptions to the visiting schedule, duration of visits, the number of people allowed to visit at one time, and/or other requests, may be considered under special circumstances (e.g., visitors who have traveled over 100 miles one-way). Such requests must be submitted in writing to the Superintendent or a designee. Special visit approval shall be documented in writing and a copy shall be sent to the requesting visitor, the inmate, the visitor processing area and outer control. Consideration for a special visit shall be at the Superintendent's discretion. All visitors approved through such requests shall be subject to the preapproval process outlined in 103 CMR 483.10(2)(e) prior to entry into a Department facility. Upon commitment to a Department institution, an inmate shall be allowed to have two visitors and a reasonable number of visiting children pending the visitor preapproval process. Inmates shall submit an Inmate Visitor Listing within 30 days of admission to the Department. However, visitors who are added to any subsequent Inmate Visitor Lists shall not be allowed to visit until approved.
The two visitors allowed to visit pending the approval process shall become inactive after 40 business days if not properly approved through the application process.
(3) Up to ten blank copies of The Visitation Application (available at www.mass.gov/doc, and at each inmate library attached as Attachment 1 to 103 CMR 483.00) and a copy of the Inmate Visitor Listing shall be provided to each inmate at inmate orientation. Prospective visitors shall complete and return the forms with a copy of current photo identification to the institution's Director of Security. Where required per 103 CMR 483.13(2)(b) or (9), the prospective visitor shall also include medical documentation. Applications shall be approved or denied within a reasonable amount of time.(4) Prior to submitting the application to the Director of Security for final approval/disapproval, institution staff shall complete criminal history background and Victim Notification Registry (VNR) checks of the potential visitor using the criminal justice information system (CJIS). The Superintendent may direct staff to complete subsequent checks.(5) Upon receipt of a Visitor Application, the Director of Security shall review the application. An improper and/or incomplete application shall be returned to the individual submitting the application. The reason for the returned application shall be included as well as the need for resubmittal. After consulting with any necessary staff, the Director of Security shall make the final decision.(6) If the application is approved or denied, the visitor's name and status shall be entered on the Inmate Visitor Listing which shall be maintained at a central location as determined by the Superintendent. This location shall be accessible to staff processing visits.(7) The prospective visitor shall be notified in writing of an approval or, in the case of a denial, the reason(s) for a denial, through the Visitor Status Notification Form (available at www.mass.gov/doc, and at each inmate library, attached as Attachment 4 to 103 CMR 483.00) within a reasonable period of time. The prospective visitor may appeal a denial in writing to the Superintendent. The inmate shall be notified in writing whether the visitor has been approved or denied.(8) Reasons for denial may include, but are not limited to the following: (a) The prospective visitor poses a direct threat to the safety, security and/or orderly operation of the institution;(b) If the prospective visitor is a victim of the inmate or a family member of the victim, the guidelines outlined in 103 CMR 483.10(10)(f) shall be followed prior to rendering of a final decision;(c) The prospective visitor is discovered to have a previously disclosed felony conviction or is convicted of a new felony. However, the Superintendent has the discretion to approve a visitor based on the severity and date of previous felony convictions in accordance with 103 CMR 483.10;(d) The prospective visitor has previously introduced contraband into a correctional institution;(e) The prospective visitor is listed as an approved visitor on another inmate's visitation list within the Department, except where a prospective visitor requests to visit multiple immediate family members who are incarcerated;(f) The prospective visitor has active felony charges or warrants pending;(g) The prospective visitor provides false information on the visitation application;(h) The prospective visitor is currently barred from entering any Department institution;(i) The prospective visitor has an active restraining order (209A) against the inmate or the inmate has an active restraining order against the prospective visitor;(j) The prospective visitor has previously assisted an inmate in a violation of institutional rules and regulations (e.g., violations of mail regulations, financial transactions regulations, and/or telephone access regulations, such as facilitating three-way telephone calls).(9) If an inmate requests to delete a visitor from his or her visitor listing, the Inmate Visitor Listing shall be completed and submitted to the Director of Security. A Visitor Status Notification shall be completed and a copy forwarded to both the visitor and inmate.(10) Approval of visitors shall be at the Superintendent or designee's discretion, in accordance with the following guidelines:(a) Children younger than 18 years old may visit without being on the inmate's approved visitor list, provided they are accompanied by a parent, legal guardian having physical custody and who is on the inmate's approved visiting list. Originals or copies of birth certificates or of official hospital records verifying the birth of the child, the date of birth of the child, and parent information, are required for children younger than 18 years old;(b) An adult who is not the parent or guardian having physical custody of the minor must submit a completed Minor Consent Form (available at www.mass.gov/doc, and at each inmate library, attached as Attachment 2 to 103 CMR 483.00). The adult shall also provide the Superintendent copies of the minor's birth certificate or of an official hospital record verifying the birth of the child, the date of birth of the child, and parent information and obtain the Superintendent's approval prior to visiting with the minor. Minor Consent Forms shall not need to be resubmitted upon the inmate's transfer to another Department institution;(c) Adults entering with a minor shall have the minor's original or a copy of the minor's birth certificate or an official hospital record verifying the birth of the child, the date of birth of the child, and parent information, and if the adult is not the parent or guardian, a copy of the approved Minor Consent Form with them each time they visit. An inmate may sign the minor consent form if he or she is noted as the parent on the child's birth certificate;(d) Members of the clergy, as authorized by the Chaplain or Superintendent, need not be placed on the Approved Visitors List;(e) Attorneys, law students, paralegals and/or private investigators need not be placed on the Approved Visitors List; and(f) If the prospective visitor has been approved or denied, the name shall be entered on the inmate's visitor listing. If the prospective visitor is the victim, family member of a victim, or registered to receive notification concerning an inmate currently incarcerated, the Victim Service Unit shall be informed to provide additional information and guidance on the proper course of action. The Superintendent or designee shall make the final decision when a prospective visitor is initially denied.(11) The following shall apply for persons with past criminal felony convictions: (a) A visitor who is paroled or otherwise released from Department custody must obtain the permission of the Superintendent before visiting an inmate who is still confined;(b) Inmate family members recently released from a correctional facility may not be considered for visitation approval for six months following release from incarceration;(c) Other visitor applicants with prior incarcerations who are not immediate family members may apply for visitation one year after release from confinement; and(d) The Superintendent or designee may deny the visitation applications of anyone with felony convictions if it is believed that the security of the institution or safety of individuals could be jeopardized. EXCEPTIONS MAY BE MADE BY THE COMMISSIONER OR A DESIGNEE.
(12) The following shall also apply to current/former employees, contract staff, interns, and volunteers:(a) Current or former employees of the Department, of contract agencies, and former Department interns shall not be approved to visit an inmate unless they are immediate family members of the inmate or if they left their service to the Department in good standing. In such cases, the Superintendent may grant approval. If further extenuating circumstances exist, a request may be submitted in writing to the Superintendent;(b) If the prospective visitor's separation from the Department was due to a violation of Department policy or state law, whether or not prosecution occurred, visitation requests shall not be considered for at least a minimal period of one year, depending on the severity of the violation; and(c) Prospective visitors who are or have been volunteers may be considered for visitation approval upon written authorization from the Superintendent.(13) Visitors may not be placed on more than one inmate's visiting list at the same institution or visit an inmate at another institution unless the inmate(s) are immediate family members of the visitor.(14) No child who was a victim of the inmate's offense shall be authorized to visit without the authorization of the Commissioner or a designee.(15) All copies of visitor applications shall be maintained in the institutional visitation file or electronically, clearly marked "approved" or "disapproved" with the signature of the Superintendent or a designee in accordance with the Massachusetts State-wide Record Retention Schedule.(16) Each institution shall maintain an electronic record of the names of all visitors admitted to the institution to visit inmates through the Inmate Management System (IMS).Amended by Mass Register Issue 1361, eff. 3/23/2018.Amended by Mass Register Issue 1376, eff. 10/19/2018.