Mass. Gen. Laws » Part I Title XVIII Chapter 127
Massachusetts General Laws

Mass. Gen. Laws ch. 127, § 39 (2026)

Restrictive housing; use authorized; conditions of confinement; mental health screening and evaluation; promulgation of clinical standard

✓ current as of July 2026
Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 39. (a) Subject to the limits of this section and section 39A, the superintendent of a state correctional facility or the administrator of a county correctional facility may authorize the confinement of a prisoner in a restrictive housing unit to discipline the prisoner or if the prisoner's retention in general population poses an unacceptable risk: (i) to the safety of others; (ii) of damage or destruction of property; or (iii) to the operation of a correctional facility.

(b) In addition to meeting all standards established by the regulations of the department of public health, restrictive housing units shall provide: (i) meals that meet the same standards established by the commissioner for general population prisoners; (ii) access to showers not less than 3 days per week; (iii) rights of visitation and communication by those properly authorized; provided, however, that the authorization may be diminished for the enforcement of discipline for a period not to exceed 15 days in a state correctional facility or 10 days in a county correctional facility for each offense; (iv) access to reading and writing materials unless clinically contraindicated; (v) access to a radio or television if confinement exceeds 30 days; (vi) periodic mental and psychiatric examinations under the supervision of the department of mental health; (vii) medical and psychiatric treatment as clinically indicated under the supervision of the department of mental health; (viii) the same access to canteen purchases and privileges to retain property in a prisoner's cell as prisoners in the general population at the same facility; provided, however, that such access and privileges may be diminished for the enforcement of discipline for a period not to exceed 15 days in a state correctional facility or 10 days in a county correctional facility for each offense or where inconsistent with the security of the unit; (ix) the same access to disability accommodations as prisoners in general population, except where inconsistent with the security of the unit; and (x) other rights and privileges as may be established or recognized by the commissioner.

(c) Before placement in restrictive housing, a prisoner shall be screened by a qualified mental health professional to determine if the prisoner has a serious mental illness or restrictive housing is otherwise clinically contraindicated based on clinical standards adopted by the department of correction and the qualified mental health professional's clinical judgment.

(d) A qualified mental health professional shall make rounds in every restrictive housing unit and may conduct an out-of-cell meeting with a prisoner for whom a confidential meeting is warranted in the clinician's professional judgment. Prisoners shall be evaluated by a qualified mental health professional in accordance with clinical standards adopted by the department of correction and the qualified mental health professional's clinical judgment to determine whether the prisoner has a serious mental illness or restrictive housing is otherwise clinically contraindicated.

(e) The department of correction shall promulgate clinical standards, in consultation with the department of mental health.

Notes of Decisions
Cited in 24 cases (3 in the last 5 years), 1975–2025 · leading case: Longval v. Comm'r of Corr., 535 N.E.2d 588 (Mass. 1989).
Sort: Relevance Newest Treatment
Longval v. Comm'r of Corr., 535 N.E.2d 588 (Mass. 1989). · cites it 4× “]), (3) the provision in G. L. c. 127, § 39 (1986 ed.), requiring the approval of the Commissioner of Correction (commissioner) of the transfer of an inmate to a segregated unit, and (4) certain regulations of the Department of Correction (department).”
Royce v. Comm'r of Corr., 456 N.E.2d 1127 (Mass. 1983). · cites it 2× “124, §§ 1(h) and 1 (q), and G. L. c. 127, § 39, the Department of Correction has promulgated rules and regulations governing the transfer of inmates to the D.”
Torres v. Comm'r of Corr., 427 Mass. 611 (Mass. 1998). · cites it 2× “We likewise reject the plaintiffs’ contention that the judge erred in allowing the defendants’ summary judgment motion regarding the plaintiffs’ claim under G. L. c. 127, § 39. Section 39 provides, in relevant part, that prisons’ segregated units “shall provide regular meals,…”
Roberts v. State of Rhode Islan, 239 F.3d 107 (1st Cir. 2001). “at 887 (quoting Mass. Gen. Laws ch. 127 § 39), nor did Rhode Island differentiate its search to focus on such inmates.”
McGuinness v. DuBois, 891 F. Supp. 25 (D. Mass. 1995). · cites it 3× “93-10490), McGuinness alleges that his placement in a Departmental Disciplinary Unit (“DDU”) violated Mass. Gen.Laws Ann. ch. 127, §§ 39, 40. The second case (Civil Action No.”
Haverty v. Comm'r of Corr., 437 Mass. 737 (Mass. 2002). “124, § 1 (b) & (q), and G. L. c. 127, § 39. See 103 Code Mass. Regs.”
Longval v. Comm'r of Corr., 448 Mass. 412 (Mass. 2007). “In 1989, we reaffirmed this principle and extended its application to a challenge, brought by the plaintiff Longval, to his transfer, on two occasions, to an administrative segregation unit at the Massachusetts Correctional Institution at Concord (Concord), without a hearing and…”
Kenney v. Comm'r of Corr., 468 N.E.2d 616 (Mass. 1984). “124, § 1 (b), (q), and G. L. c. 127, § 39, provides as follows: “(1) A resident may be transferred to a departmental segregation unit after a finding by the commissioner that the record of the resident or other reliable information indicates that: (a) The resident poses a…”
Ulatowski v. Ponte, 524 F. Supp. 1112 (D. Mass. 1981). · cites it 4× “The court made reference to M.G.L. c. 127, § 39 and regulations governing reclassification wherein the Commissioner of Corrections is allowed broad discretion regarding such action.”
Commonwealth v. Boyd, 326 N.E.2d 320 (Mass. 1975). “Swenson, 333 F. Supp. 1253, 1258 (W. D. Mo. 1971). As a general proposition, segregated confinement for lengthy periods is permissible to protect inmates whose presence in the general population would create unmanageable risks.”
Libby v. Comm'r of Corr., 432 N.E.2d 486 (Mass. 1982). “G. L. c. 127, § 39. There are two upper and two lower tiers of cells in Block 10.”
Commonwealth v. Forte, 671 N.E.2d 1218 (Mass. 1996). “See G. L. c. 127, § 39 (1994 ed.). In the hierarchy of wrongs that might be committed in prison, a physical assault on a prison guard ranks among the most serious, and the discipline imposed may be concomitantly severe.”
Show all 24 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.