Section 410.09 - Inmates in the Custody of Another JurisdictionCDCU shall track and perform date computation functions for inmates in the custody of another jurisdiction who have concurrent or consecutive Massachusetts sentences to be served.
(1)Concurrent Sentences.(a) CDCU shall obtain the original mittimus;(b) CDCU shall review the mittimus to confirm the sentence type;(c) CDCU shall obtain a Waiver of Extradition from the DOC's Legal Division or the District Attorney Office where applicable, or forward a waiver of extradition to the inmate for signature;(d) CDCU shall communicate with the committing institution Records Manager to obtain the inmate's commitment number. The Records Manager shall ensure all other booking functions as provided by in 103 DOC 401: Booking and Admission, are completed;(e) CDCU shall enter the sentence and complete date computation in accordance with 103 CMR 410.00. The committing institution Records Manager or designee shall complete the criminal records check in accordance with 103 DOC 417: Criminal History Records Information, update the inmate status in IMS, construct the six-part folder and forward the six-part folder to the County Federal and Interstate (CFI) Unit. CDCU will forward the original mittimus to the CFI Unit to file within the six-part folder;(f) CDCU shall forward a Detainer Letter along with a copy of the mittimus and Waiver of Extradition to the other jurisdiction;(g) Upon receipt of a signed Waiver of Extradition and computation of the Massachusetts sentence(s), CDCU shall provide the ISL for the Massachusetts sentence(s) to the other jurisdiction and to the inmate;(h) The CFI Unit shall conduct a review of earned good time at least annually, and quarterly when the out of state inmate's projected release date is within one year; (i) After this annual review of earned good time, the CFI Unit shall provide a DFS Report to the other jurisdiction and the inmate until the projected release date is within one year; and thereafter upon the CDCU's recalculation of the projected release date; (j) CDCU shall prepare a Certificate of Discharge/Release in accordance with 103 CMR 417.00. Once prepared, the CFI Unit shall notify the other jurisdiction of the release of the inmate's obligation to the Massachusetts concurrent sentence(s) in circumstances when the other jurisdiction's sentence(s) expires after the Massachusetts release;(k) The CFI Unit shall, on the day of the expiration of the Massachusetts sentence, provide the other jurisdiction with a detainer removal letter reflecting that the inmate's obligation to the Massachusetts sentence(s) have been satisfied, along with a copy of the Certificate of Discharge/Release; (l) For an inmate whose sentence from another jurisdiction is scheduled to expire prior to his or her DOC sentence, CDCU shall perform the actions outlined in 103 CMR 410.09(2)(e) and (f). (2)Consecutive Sentences. (a) CDCU shall obtain the original mittimus;(b) CDCU shall review the mittimus to confirm sentence type;(c) CDCU shall forward a Detainer Letter, along with a copy of the mittimus to the other jurisdiction;(d) CDCU shall obtain a Waiver of Extradition from the DOC Legal Division or the District Attorney's Office, if applicable, or forward a Waiver of Extradition to the inmate for signature:(e) CDCU shall obtain the other jurisdiction's release date(s) annually until the projected release date from the other jurisdiction is within one year, and thereafter at least quarterly;(f) CDCU shall notify the DOC's Central Transportation Unit (CTU) of the date that the inmate will be available to the DOC, including the inmate's current location for CTU to make transportation arrangements.Amended by Mass Register Issue 1334, eff. 3/10/2017.