Section 49A Evaluation of inmates for participation in programs outside correctional facilities; committees; recommendation - Massachusetts Statutes

Section 49A. Before any inmate may be considered for participation in education, training, or employment programs established under section forty-eight outside a correctional facility, or in any other program outside a correctional facility exclusive of parole, he shall first demonstrate that he is responsible and deserving of these opportunities.

The commissioner shall establish, in each state correctional facility, one or more committees made up of representatives from all segments of department of corrections staff, especially correction officers and the administrator of a county correctional facility shall establish, in each county correctional facility, one or more committees made up of representatives from all segments of the sheriff’s department staff, especially correction officers. The membership of said committees shall be appointed by the superintendent of each correctional facility and shall consist of correction officers, prison camp officers, correctional counselors, unit managers, directors of classification or deputy superintendents; provided, however, that, in a facility designated by the commissioner as maximum or medium security, one member shall be a correction officer and, in a facility designated by the commissioner as a community correction facility, one member shall be an employee of the department whose primary role includes security responsibilities.

Said committees shall evaluate the behavior and conduct of inmates within the prison; provided, however, that such evaluation shall be made only by a full board. No less than three members shall constitute a full board. In evaluating an inmate’s behavior and conduct within the prison, said committee shall interview the inmate, and shall have access to disciplinary reports and other appropriate records. After evaluating the inmate’s behavior and conduct within the prison, said committee shall make a recommendation to the superintendent of the correctional facility or superintendent of a county correctional facility as to whether or not the inmate shall be permitted to participate in any program outside a correctional facility, exclusive of parole. Said recommendation shall be made in writing, and shall include the vote of said committee in making said recommendation.