Massachusetts General Law, Chapter 124, Section 1, requires the Commissioner of Corrections to investigate claims of misconduct in jails and prisons.

If you feel that you are being harassed, by either your fellow inmates or by prison officials, you may file grievance. A grievance is a complaint about your conditions or treatment (see sample grievance attached).

The Department of Corrections non-discrimination policy does not include sexual orientation, but Massachusetts General Law, Chapter 127, Section 32 requires that all prisoners be treated “equally and with kindness.”

Prison regulations are found in the Code of Massachusetts Regulations (CMR). As a prisoner, you must be allowed to see the CMR if you ask for it.

103 CMR 934 covers your legal rights. Some of the things you should know are:

• There must be a written policy explaining your right to speak with a lawyer.
• There must be a written policy explaining your right to seek help from the Court or government officials.
• There must be a program to help you prepare and file legal papers. This help can either be a law library and supplies to fill out legal papers, or a program that lets you meet with a lawyer to discuss your problem.
• There must be a grievance policy to allow you to make complaints and get those complaints heard and solved.
• You CANNOT be punished for filing a complaint or grievance.

The Code of Massachusetts Regulations (CMR) covers prison visitation policy.
If you are incarcerated in a state facility, 103 CMR 483.16 applies.
If you are in a county facility, 103 CMR 950.05 applies.
These regulations must be made available to you if you ask to see them.

The rules do not limit who may visit, but they do allow prison officials broad discretion to end or forbid visits. The rule states that “visitors shall conduct themselves reasonably and not engage in physical contact with inmates that is excessive or inappropriate for a public place.” (103 CMR 483.15). A homophobic prison official could try to use this rule to prevent a prisoner’s same-sex lover from visiting.

If someone visits you (partner, lover, friend) and, after some physical contact (a kiss, hug), his/her visitation rights are suspended or ended completely, you and your visitor do have a right to attempt to get visitation rights restored.

The VISITOR:

• Must be given a reason for the suspension or ban on visiting, in most cases.
• Must be told by the prison superintendent, within a week, if and when s/he may start visiting again, or whether there will be restrictions on visiting.
• May, within fifteen working days, seek a review of the visiting restrictions and get a hearing with the Superintendent.
• Must get a copy of the prison superintendent’s decision.
• May file a grievance. A grievance is a complaint about your conditions or treatment (see sample grievance attached).

The INMATE:

• Must get a copy of the prison superintendent’s decision.
• May file a grievance. A grievance is a complaint about your conditions or treatment (see sample
  grievance attached).

The Department of Corrections non-discrimination policy does not include sexual orientation, but Massachusetts
General Law, Chapter 127, Section 32 requires that all prisoners be treated “equally and with kindness.”

Prison regulations are found in the Code of Massachusetts Regulations (CMR). As a prisoner, you must be
allowed to see the CMR if you ask for it.

103 CMR 934 covers your legal rights. Some of the things you should know are:

• There must be a written policy explaining your right to speak with a lawyer.
• There must be a written policy explaining your right to seek help from the Court or government officials.
• There must be a program to help you prepare and file legal papers. This help can either be a law library
  and supplies to fill out legal papers, or a program that lets you meet with a lawyer to discuss your
  problem.
• There must be a grievance policy to allow you to make complaints and get those complaints heard and
  solved.
• You CANNOT be punished for filing a complaint or grievance.

I, John/Jane Inmate, was harassed/threatened/physically attacked because of my sexual orientation by [name(s) of person(s) involved] on [date(s) that the act(s) took place].

When you write a grievance, be sure to include as much information as you can remember. Include in your complaint:

• what happened
• when it happened
• who did it
• where it happened
• what was said by the attacker(s)—paraphrase if you do not remember the exact quote.
• who saw it happen
• why you think it happened

If you reported harassment to any prison official(s) previously, indicate who you told, when, and what they did or did not do about it.