Demand Access to the Massachusetts Secret Policy

I want to illuminate my thoughts regarding a “secret” Massachusetts DOC policy that this state utilizes to hold us for long stretches in solitary settings. We are frequently charged with violating a secret regulation (103 DOC 514), yet we have no access, nor does the public, to view this secret policy. The DOC expects us to abide by a regulation that we are not allowed to read.

103 CMR 430 seeks to ensure fairness in the prison disciplinary system by clearly defining and providing transparent notice of the procedures by which disciplinary issues are handled. If the goal of 103 CMR 430 is to promote order in the Massachusetts prison system and affect positive change in prisoner behavior, the applicable regulations, and standards, must be clear and readily available to the prisoners who are held accountable for transgressing these behavioral benchmarks. If they are not, the result on the prison population will be confusion, not conformity. Prisoners cannot change their behavior to abide by a set of regulations they are not allowed to view. We are owed due process under the 14th Amendment, but due process is not being afforded to us.

In Wolff v. McDonnell, 418 US 539 (1974), the Supreme Court held that advanced written notice of regulations a prisoner is allegedly violating is one of the minimum requirements of procedural due process. Furthermore, a common person could only guess at what does or doesn’t constitute engaging in STG activity. Charging us continuously with STG-related offenses while denying us access to definitions of STG or STG activity conflicts with the purpose of 103 CMR 430, and the due process clause of the 14th Amendment. We must stand up and demand that the Massachusetts DOC reveal this secret policy!