POWERS AND DUTIES OF THE DEPARTMENT OF CORRECTION

M.G.L. pt. Part I, tit. Title XVIII, ch. c. 124

in effect

M.G.L. c. 124, § 1 Powers and duties of commissioner of correction

c. 124, § 1. Powers and duties of commissioner of correction Section 1. In addition to exercising the powers and performing the duties which are otherwise given him by law, the commissioner of correction, in this chapter called the commissioner, shall: (a) designate, establish, maintain, and administer such state correctional facilities as he deems necessary, and may discontinue the use of such state correctional facilities as he deems appropriate for such action; provided that no state or county correctional facility named in paragraph (n) of section one of chapter 125 shall be discontinued without specific authorization and approval of the General Court; (b) maintain security, safety and order at all state correctional facilities, utilize the resources of the department to prevent escapes from any such facility, take all necessary precautions to prevent the occurrence or spread of any disorder, riot or insurrection at any such facility, including but not limited to the development, planning, and coordination of emergency riot procedures with the colonel of state police, and take suitable measures for the restoration of order; (c) establish and enforce standards for all state correctional facilities; (d) establish standards for all county correctional facilities and secure compliance with such standards, if necessary, through the enforcement provisions of section one B of chapter one hundred and twenty-seven; (e) establish, maintain and administer programs of rehabilitation, including but not limited to education, training and employment, of persons committed to the custody of the department, designed as far as practicable to prepare and assist each such person to assume the responsibilities and exercise the rights of a citizen of the commonwealth; (f) establish a system of classification of persons committed to the custody of the department for the purpose of developing a rehabilitation program for each such person; (g) determine at the time of commitment, and from time to time thereafter, the custody requirements and, after consultation with the parole board, program needs of each person committed to the custody of the department and assign or transfer such persons to appropriate facilities and programs; (h) establish training programs for employees of the department and, by agreement, other corrections personnel; (i) investigate grievances and inquire into alleged misconduct within state correctional facilities; (j) maintain adequate records of persons committed to the custody of the department; (k) establish and maintain programs of research, statistics and planning, and conduct studies relating to correctional programs and responsibilities of the department; (l) utilize, as far as practicable, the services and resources of specialized community agencies and other local community groups in the rehabilitation of offenders, development of programs, recruitment of volunteers and dissemination of information regarding the work and needs of the department; (m) make and enter any contracts and agreements necessary or incidental to the performance of the duties and execution of the powers of the department, including but not limited to contracts to render services to committed offenders, and to provide for training or education for correctional officers and staff; (n) seek to develop civic interest in the work of the department and educate the public and advise the general court as to the needs and goals of the corrections process; (o) expend annually in the exercise of his powers, performance of his duties, and for the necessary operations of the department such sums as may be appropriated therefor by the general court; (p) report annually to the secretary of health and human services, the governor and the general court; (q) make and promulgate necessary rules and regulations incident to the exercise of his powers and the performance of his duties including but not limited to rules and regulations regarding nutrition, sanitation, safety, discipline, recreation, religious services, communication and visiting privileges, classification, education, training, employment, care, and custody for all persons committed to correctional facilities. (r) adopt policies and procedures, in consultation with the county sheriffs, establishing reasonable fees for haircuts that are provided to inmates at any county or state correctional facility. Except as otherwise provided, the commissioner or a county sheriff may charge each inmate a reasonable fee for any haircut provided. The commissioner of correction may deduct such fee from the inmate's account as provided for in section 48A of chapter 127. (s) adopt policies and procedures establishing reasonable medical and health service fees for the medical services that are provided to inmates at any state jail or correctional facility. Except as otherwise provided, the commissioner may charge each inmate a reasonable fee for any medical and mental health services provided, including prescriptions, medication, or prosthetic devices. The fee shall be deducted from the inmate's account as provided for in section 48A of chapter 127. The commissioner shall exempt the following inmates from payment of medical and health services fees: medical visits initiated by the medical or mental health staff, consultants, or contract personnel of the department, prisoners determined to be terminally ill, pregnant, or otherwise hospitalized for more than 30 days successively during the term of incarceration and juvenile inmates and inmates who are undergoing follow-up medical treatment for chronic diseases. Notwithstanding any other provision of this section, an inmate shall not be refused medical treatment for financial reasons. The commissioner shall also establish criteria for reasonable deductions from moneys credited to the inmate's account as provided for in section 48A of chapter 127 to repay the cost of medical treatment for injuries that were self-inflicted or inflicted by the inmate on others. (t) in accordance with clause (s), the commissioner shall as part of the rules and regulations on payments for medical services, require the department of corrections or the county correctional facility to ascertain whether any inmate seeking medical services has health insurance coverage and if said inmate does have health insurance coverage, said health insurance plan shall be billed for any services provided. (u) adopt policies and procedures establishing reasonable fees for maintenance and administration of inmate accounts maintained at any state correctional facility. The commissioner may charge each inmate reasonable fees for the maintenance and administration of inmate accounts and may deduct such fees from each inmate's accounts.

M.G.L. c. 124, § 2 Deputy commissioners; duties

c. 124, § 2. Deputy commissioners; duties Section 2. Subject to the supervision and control of the commissioner, the deputy commissioner for institutional services shall be responsible for planning and directing the efficient administration of each correctional institution of the commonwealth by the officers and employees of the institution. Subject to the supervision and control of the commissioner, the deputy commissioner for classification and treatment shall be responsible for planning and directing the rehabilitation services of all the correctional institutions of the commonwealth, including the classification, medical, educational, industrial, vocational and recreational programs of each such institution. Subject to the supervision and control of the commissioner, the deputy commissioner for personnel and training shall be responsible for planning and directing departmental procedures for the appointment, assignment, transfer, training, supervision, discipline and compensation of officers and employees of the department and the correctional institutions of the commonwealth. Subject to the supervision and control of the commissioner, the deputy commissioner for community services shall be responsible for planning and directing community programs and services provided to committed offenders. Each of the said deputy commissioners shall perform such other duties as may be assigned to him from time to time by the commissioner.

M.G.L. c. 124, § 5 Reports to governor

c. 124, § 5. Reports to governor Section 5. The commissioner shall, at least once in six months, report in writing to the governor the condition of the correctional institutions of the commonwealth, and shall so report to the governor when, in his judgment, the conditions of administration, financial management or discipline in any of said institutions require executive action.

M.G.L. c. 124, § 6 Annual reports to general court

c. 124, § 6. Annual reports to general court Section 6. He shall make an annual report setting forth fully and in detail the actual condition on November thirtieth of each correctional institution of the commonwealth, and on December thirty-first of each jail and house of correction, the number of inmates in each, such statistics from the reports required by section eight as will show the results of criminal prosecutions, and such statistics from the reports required by section nine, and by section one hundred of chapter two hundred and seventy-six, as he considers proper. The report shall state the industries which have been carried on in the institutions named in section fifty-one of chapter one hundred and twenty-seven during the year, the number of prisoners employed in each, the greatest and smallest number thereof at any one time, the kind and quantity of goods manufactured, the amount thereof sold to such institutions and elsewhere, and the prices received therefor. The report shall include the reports made to him by the officers of the correctional institutions of the commonwealth, of the other penal institutions, and of the parole board.

M.G.L. c. 124, § 6A Report on the use of facilities of the department of corrections and of sheriff's offices

c. 124, § 6A. Report on the use of facilities of the department of corrections and of sheriff's offices Section 6A. (a) The department of correction, in collaboration with the Massachusetts Sheriffs Association, Inc., shall report on the use of all facilities of the department and of each sheriff's office during the periods of January 1 to June 30, inclusive, and July 1 to December 31, inclusive, of each year. The reports shall be due not later than 30 days after the close of each period. Each report shall include, but not be limited to: (i) an inventory of all buildings that are used or have been used to house inmates since January 1, 2018; (ii) a catalog of changes in use or purpose for all housing units and buildings during the preceding period; (iii) all housing units in each building and the original design capacity of each; (iv) all cells or rooms in each housing unit and the number of beds in each cell or room; (v) a brief description of the housing unit including, but not limited to, the custody level and function of the unit; (vi) the average daily amount of time offered out of cell for recreation, programs, education or employment to inmates in each housing unit during the preceding period; (vii) the average inmate count in each housing unit for the preceding period; (viii) an inventory of all buildings in all correctional facilities, regardless of whether the building has ever been occupied by inmates, with a brief description of each building and a statement as to whether the building is used for housing; provided, however, that if the building is used for housing, the report shall include whether it is occupied, unoccupied but available for future habitation or no longer considered habitable; and (ix) the last date on which an inmate was housed in a housing unit or building that does not currently house inmates; provided, however, that if multiple housing units in the same facility are categorized in the same way as to the features outlined in clauses (v) and (vi), the housing units may be aggregated for the purpose of inmate count reporting under clause (vii) and the number of housing units aggregated shall be reported; and provided further, that for reporting under other clauses above in which buildings or housing units are referred to individually, their official names need not be used. (b) The report shall be submitted to the executive office for administration and finance, the senate and house committees on ways and means, the joint committee on the judiciary and the joint committee on public safety and homeland security. The report shall be published in document form and downloadable spreadsheet form on the website of the department of correction. The Massachusetts Sheriffs Association, Inc. shall furnish all data necessary for this report to the department of correction.

M.G.L. c. 124, § 8 Reports of criminal cases by clerks of courts

c. 124, § 8. Reports of criminal cases by clerks of courts Section 8. Clerks of courts shall annually, on or before January fifteenth, make reports to the commissioner of all criminal cases commenced in the superior court in the several counties during the year ending on December thirty-first, and of all criminal cases entered therein on appeal during such time. Clerks of district courts shall annually, at the same time and for the same period, make like reports of criminal cases in which such courts have exercised jurisdiction, and shall state whether such jurisdiction was final or otherwise. Blank forms for such reports shall be prepared and furnished by the commissioner. Whoever refuses or neglects to make the report required of him by this section shall forfeit two hundred dollars.

M.G.L. c. 124, § 9 Monthly reports of arrests

c. 124, § 9. Monthly reports of arrests Section 9. The police commissioner of Boston, city marshals or chiefs of police and every officer making an arrest in a town not having a city marshal or chief of police shall make monthly reports to the commissioner of the number of persons of each sex arrested in their several towns. Such reports shall be classified according to offences. An officer who refuses or neglects to make such report shall be punished by a fine of fifty dollars.

M.G.L. c. 124, § 10 Corporate status of department for purpose of grants, gifts or bequests; site selection for new facilities; title to property

c. 124, § 10. Corporate status of department for purpose of grants, gifts or bequests; site selection for new facilities; title to property Section 10. The department shall be a corporation for the purpose of taking, holding and administering in trust for the commonwealth any grant, gift or bequest made either to the commonwealth or to it for the use of persons under its control in any correctional facility of the department or for expenditure upon any work which the department is authorized to undertake. The department may accept, receive and use money, goods or services given for the general purposes of the department by the federal government or from any other source, public or private, and may comply with such conditions and enter into such agreements upon such covenants, terms and conditions as the department deems necessary or desirable, provided the agreement is not in conflict with state law. The department, subject to the approval of the governor, shall select the site of any new state correctional facility and any land to be taken or purchased by the commonwealth for the purposes of any new or existing state correctional facility. If any land or property is taken or purchased by the department, title shall be taken in the name of the commonwealth.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVIII/Chapter124Fetched: 10/20/2026