103 CMR 403.15 - Disposal of Inmate Property

(1) Unless otherwise noted, the process for the disposal of inmate property is as follows:

(a) Within one week of property being deemed contraband, the Property Officer at the institution temporarily storing the contraband shall initially notify the inmate of the item being stored by providing him or her with the IMS Contraband Notification and Disposal form.

(b) With the exception of money orders, certified checks, bank checks, postage stamps, and cash, which are to be disposed of in accordance with 103 CMR 403.16(2), (3) and/or (4), the inmate may elect to dispose of the items by one of the following methods:

1. have the property retrieved by a visitor;

2. have the property mailed out to a specified destination at the inmate's expense;

3. have the property disposed of as seen fit by the institution.

(c) Once the inmate has selected the method of disposal and responds to the Property Officer in writing, arrangements for disposal shall be made. The property shall be properly marked and recorded in IMS noting the date, method of disposal, and address to which the property was sent, if appropriate.

(d) If the inmate does not respond within 30 days of the initial contraband notification, a final 30 day notification for response shall be printed from IMS and sent to the inmate.

(e) If there is no response after the final notification period elapses, then the institution may dispose of the property in accordance with 103 CMR 403.15(1)(b)3.

(2) Except for money orders, certified checks, bank checks, postage stamps, and cash, any property which, after a disciplinary hearing, has been found, by a preponderance of the evidence, and upon specific written findings, to have been illicitly obtained by the inmate, shall be retained for referral to the appropriate law enforcement agency, returned to its rightful owner if known, or disposed of pursuant to 103 CMR 403.15(1)(b)3.

Notes

103 CMR 403.15

Amended by Mass Register Issue 1342, eff. 6/30/2017.