Section 36. No person except the governor, a member of the governor's council, a member of the general court, a justice of the supreme judicial, superior or district court, the attorney general, a district attorney, the commissioner, a deputy commissioner of correction, a member of the parole board, or a parole or probation officer may visit any of the correctional institutions of the commonwealth or any jail or house of correction in the commonwealth without the permission of the commissioner or of the superintendent of such institution or of the keeper of such jail or house of correction. Every visitor who is required to obtain such permission shall also make and subscribe a statement under the penalties of perjury stating his true name and residence, whether or not he has been convicted of a felony, and, if visiting an inmate of such institution, his relationship by blood or marriage, if any, to such inmate, and, if not so related, the purpose of the visit.
Notes of Decisions
Commonwealth v. Garcia-German, 90 Mass. App. Ct. 753 (Mass. App. Ct. 2016).
· cites it 2× “127, § 33, 8 and the fact that, as *757 provided in G. L. c. 127, § 36, 9 no one has the right to visit a penal institution without the permission of the superintendent or jail keeper, combine to justify routine searches of persons and vehicles that enter onto the facility…”
Jiles v. Dep't of Corr., 774 N.E.2d 150 (Mass. App. Ct. 2002).
““The commissioner has substantial obligations to ‘maintain security, safety and order at all state correctional facilities’ (G.”
Hoffer v. Comm'r of Corr., 490 N.E.2d 417 (Mass. 1986).
“]) and to regulate visits to such facilities (G. L. c. 127, § 36 [1984 ed.]). Inmates of correctional institutions are entitled to meet in reasonable circumstances with counsel and prospective counsel.”
Cole v. Snow, 586 F. Supp. 655 (D. Mass. 1984).
“It is the responsibility of the superintendents of houses of correction, “to maintain order in the institutions under their supervision, [and] enforce obedience ____” Mass.Gen.Laws Ann. ch. 127 § 33 (1979). Finally, the legislature has given the sheriffs complete control over…”
Stephen v. MacKinnon, 7 Mass. L. Rptr. 241 (Mass. Super. Ct. 1997).
· cites it 3× “§1983 , 2 the First and Fourth Amendments to the United States Constitution, Articles 1, 10 and 14 of Part 1 of the Declaration of Rights of the Massachusetts Constitution, G.L.c. 127, §§36 and 37, G.L.c. 214, §l(b) and 103 C.”
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