103 CMR 425.00 — Placement reviews in secure treatment units

103 CMR: DEPARTMENT OF CORRECTION 103 CMR 425.00: PLACEMENT REVIEWS IN SECURE TREATMENT UNITS Section

103 CMR 425.00 Placement reviews in secure treatment units

425.01 Purpose

425.01: Purpose

425.02 Cancellation

425.02: Cancellation

425.03 Applicability

425.03: Applicability

425.04 Access to 103 CMR 425.00

425.04: Access to 103 CMR 425.00

425.05 Definitions

425.05: Definitions

425.06 Secure Treatment Units

425.06: Secure Treatment Units

425.07 Placement and Transfer to a Secure Treatment Unit

425.07: Placement and Transfer to a Secure Treatment Unit

425.08 Placement Reviews

425.08: Placement Reviews

425.09 Emergency

425.09: Emergency

425.10 Exigent Circumstances

425.10: Exigent Circumstances

425.11 Responsible Staff

425.11: Responsible Staff

425.12 Annual Review

425.12: Annual Review 435.13: Severability

425.01 Purpose

425.01: Purpose The purpose of 103 CMR 425.00 is to establish placement reviews in Secure Treatment Units.

425.02 Cancellation

425.02: Cancellation 103 CMR 425.00 cancels all previous Department policy statements, bulletins, directives, orders, notices, rules and regulations regarding placement reviews in Secure Treatment Units that are not inconsistent with 103 CMR 425.00.

425.03 Applicability

425.03: Applicability 103 CMR 425.00 applies to Secure Treatment Units.

425.04 Access to 103 CMR 425.00

425.04: Access to 103 CMR 425.00 103 CMR 425.00 shall be maintained within the Department of Correction's central policy file, in each institution's central policy file, in each institution's inmate law library, and shall be made available to the public.

425.05 Definitions

425.05: Definitions Department Disciplinary Unit (DDU). A restricted area or areas designated by the Commissioner to which an inmate has received a recommended sanction by a Special Hearing Officer. Deputy Commissioner, Prison Division. The executive staff person who reports to the Commissioner, and whose duties include, but are not limited to, the management of: Assistant Deputy Commissioner(s) of the Prison Division, and the Central Inmate Disciplinary Unit. Exigent Circumstances . Circumstances that create an unacceptable risk to the safety of any person. Multidisciplinary Treatment Team. A treatment team that may consist of the following: Unit Clinical Coordinator; Captain; Unit Sergeant; assigned Correction Officers; Correctional Program Officer; mental health clinicians; medical staff; and program staff. For the purposes of 103 CMR 425.00, the Multidisciplinary Treatment Team shall provide Placement Reviews. Placement Review . A periodic review conducted by a multidisciplinary treatment team for the purposes of ascertaining an inmate's continued need for placement and retention in a Secure Treat 3/22/19103 CMR - 126.11

103 CMR: DEPARTMENT OF CORRECTION

425.05 continued

425.05: continued Restrictive Housing. A placement that requires an inmate to be confined to a cell for at least 22 hours per day for the safe and secure operation of the facility. For purposes of 103 CMR 425.00, Restrictive Housing shall not include the following: any placement ordered by a medical or mental health provider, including but not limited to, the placement of an inmate in a Health Services Unit; the placement of an inmate in a hospital; the placement of an inmate in a medical setting where treatment is being provided; or the placement of an inmate on a mental health watch. Secure Treatment Unit (STU) . A maximum security residential treatment program that is not Restrictive Housing and that is designed to provide an alternative to Restrictive Housing for inmates diagnosed with serious mental illness in accordance with clinical standards adopted by the Department of Correction. Serious Mental Illness . A current or recent diagnosis by a qualified mental health professional of one or more of the following disorders described in the 5 th edition of the Diagnostic and Statistical Manual of Mental Disorders: (a) schizophrenia and other psychotic disorders; (b) major depressive disorders; (c) all types of bipolar disorders; (d) a neurodevelopmental disorder, dementia or other cognitive disorder; (e) any disorder commonly characterized by breaks with reality or perceptions of reality; (f) all types of anxiety disorders; (g) trauma and stressor related disorders; or (h) severe personality disorders; or a finding by a qualified mental health professional that the inmate is at serious risk of substantially deteriorating mentally or emotionally while confined in Restrictive Housing, or already has so deteriorated while confined in Restrictive Housing, such that diversion or removal is deemed to be clinically appropriate by a qualified mental health professional.

425.06 Secure Treatment Units

425.06: Secure Treatment Units

The Commissioner may establish and operate Secure Treatment Units at correctional institutions as deemed necessary for the purposes set forth in 103 CMR 425.00. Secure Treatment Units include the maximum security Secure Treatment Program (STP) and the maximum security Behavioral Management Unit (BMU).

425.07 Placement and Transfer to a Secure Treatment Unit

425.07: Placement and Transfer to a Secure Treatment Unit Placement and transfer to a Secure Treatment Unit shall be made as provided in 103 DOC 650: Mental Health Services. An inmate transferred from the Department Disciplinary Unit (DDU) where the inmate was serving a DDU sanction will continue to serve and be credited with the time served for such sanction during his or her placement in the Secure Treatment Unit.

425.08 Placement Reviews

425.08: Placement Reviews An inmate who is placed in a Secure Treatment Unit while pending a disciplinary hearing or while serving a disciplinary detention or DDU sanction imposed pursuant to 103 CMR 430.00: Inmate Discipline shall be reviewed as follows: (a) The inmate's status shall be reviewed at least every 72 hours; and (b) At each review, the multidisciplinary treatment team shall review the inmate's status and discuss any identified issues or concerns. The review may include consideration of the reason for placement, security issues, disciplinary issues, classification status, conflicts, mental health issues, program needs, compliance with treatment plan goals and objectives, and any other pertinent information. These reviews shall be documented in the Inmate Management System (IMS). 3/22/19103 CMR - 126.12

103 CMR: DEPARTMENT OF CORRECTION

425.09 Emergency

425.09: Emergency Whenever in the opinion of the Commissioner, Deputy Commissioner or the Superintendent of a state correctional institution an emergency exists which requires the suspension of part or all of 103 CMR 425.00, such suspension may be ordered, provided that any such suspension beyond 48 hours must be authorized by the Commissioner for good cause.

425.10 Exigent Circumstances

425.10: Exigent Circumstances The determination whether Exigent Circumstances precludes the occurrence of an act or action otherwise required by 103 CMR 425.00 shall be made by the Deputy Commissioner, Prison Division. In all other instances in which an act or action required by 103 CMR 425.00 does not occur for reason of Exigent Circumstances, notification shall be made to the Deputy Commissioner, Prison Division. In such instance, responsible staff shall attempt to resolve the Exigent Circumstances as soon as practicable, and the act or action shall be performed as soon as possible after the Exigent Circumstances cease to exist.

425.11 Responsible Staff

425.11: Responsible Staff The Deputy Commissioner, Prison Division, shall implement and monitor 103 CMR 425.00 throughout the Department. Each Superintendent of an institution with a Secure Treatment Unit shall implement and monitor 103 CMR 425.00 at the institution.

425.12 Annual Review

425.12: Annual Review 103 CMR 425.00 shall be reviewed at least annually by the Commissioner or a designee. The person or persons conducting the review shall develop a memorandum to the Commissioner with a copy to the Central Policy File indicating revisions, additions or deletions which shall be included for the Commissioner's written approval and shall become effective pursuant to applicable law.

425.13 Severability

425.13: Severability If any article, section, subsection, sentence, clause or phrase of 103 CMR 425.00 is for any reason held to be unconstitutional, contrary to statute, in excess of the authority of the Commissioner or otherwise inoperative, such decision shall not affect the validity of any other article, section, clause or phrase of 103 CMR 425.00. REGULATORY AUTHORITY 103 CMR 425.00: M.G.L. c. 124, §§ 1(b), (c), (i) and (q); M.G.L. c. 127, §§ 1, 39B and 39H. 3/22/19103 CMR - 126.13