103 CMR 403.16 - Seized Inmate Property

Any item of property removed by an officer from an inmate's living quarters shall be held as follows:

(1) Property which could be evidence in disciplinary or criminal proceedings shall, by the end of the seizing officer's tour of duty, be delivered to the Superintendent or his or her designee for safekeeping or be delivered to the appropriate law enforcement agency.

(2) Money orders, certified checks, and bank checks, seized as contraband, which could be evidence in disciplinary or criminal proceedings, shall be confiscated and delivered to the appropriate law enforcement agency, or delivered to the Superintendent or his or her designee for safekeeping for a period (not to exceed three years for investigative purposes). If, after a disciplinary hearing, it has been found by a preponderance of the evidence, and upon specific written findings, that the money order(s), certified check(s), or bank check(s), were illicitly obtained by the inmate, the money order(s), certified check(s), or bank check(s), shall be retained for referral to the appropriate law enforcement agency, returned to the sender if known, or disposed of pursuant to 103 CMR 403.15(1)(b)3. Under no circumstances should money orders, certified checks, or bank checks, be destroyed.

(3) All postage stamps seized in conjunction with, but not limited to, disciplinary offenses 103 CMR 430.24: Code of Offenses (3-8), (3-14), (3-18), (4-1), and (4-3), shall be deemed contraband and the stamps shall be immediately used for indigent inmate mail purposes upon resolution of any disciplinary proceeding where guilt is established. Under no circumstances should usable, unaltered postage stamps be destroyed.

(4) Except for money that is determined to belong to the inmate, but is in excess of what is allowed, the disposal of which is governed by 103 CMR 405.14: Disposal of Money Seized as Contraband, any money found in an inmate's possession shall be confiscated as contraband and shall be retained for referral to the appropriate law enforcement agency, returned to its rightful owner if known, placed in the inmate benefit fund, or otherwise disposed of pursuant to 103 CMR 403.15(1)(b)3. Under no circumstances should cash or coins be destroyed.

(5) All other property which has been removed shall be forwarded to the Property Officer, who shall inventory and store such property until such time as it is disposed of in accordance with 103 CMR 403.15.

(6) Whenever an inmate is discharged or paroled, all items of the inmate's property which have been stored by the institution shall be returned, except for those items properly seized pursuant to 103 CMR 403.15(2) and 403.16. Any such seized property items shall be returned to the inmate upon resolution of any disciplinary and/or criminal proceedings, except where items are contraband or in violation of the rules and regulations of the institution or the Department, pursuant to 103 CMR 403.15(2) and 403.16. The Property Officer shall check each item of property including property retained in the living quarters, against the inventory, noting on the inventory the date the property is released to the inmate.

(7) Whenever an inmate is transferred from one Department institution to another, the sending institution shall ensure that the property transferring with the inmate is not considered contraband for the receiving institution's security level. If property items are considered contraband for the receiving institution, then the sending institution's Property Department shall be responsible for following the procedures set forth in 103 CMR 403.15.

Notes

103 CMR 403.16

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