Overview
DOC did not always retain evidence of interpreter services used during program review meetings. Of the total population of 2,445 commitment identification numbers, we sampled 104. From our sample of 104 commitment identification numbers for I/Is, we found that 6 I/Is did not comprehend English, and DOC could not provide evidence that 2 (33%) of these 6 I/Is who did not comprehend English received interpreter services during program review meetings.
If DOC management does not follow record retention requirements, which should include the establishment of internal policies and procedures requiring the retention of all evidence that interpreter services were performed, DOC cannot ensure that its I/Is understood the information presented to them during the program review meetings so that they could understand the available educational opportunities.
Authoritative Guidance
According to Section 488.04 of DOC’s Interpreter Services Policy,
Each Superintendent/designee shall ensure that staff assigned to the areas listed in paragraph 488.03 are trained how to access the telephonic interpreter service and document when the service is utilized on [PPD] when working with non-English-speaking incarcerated individuals and civil commitments.
According to 103 CMR 420, “In instances where language barriers exist, the Telephone Interpreter Service shall be used, and its use documented.”
Additionally, DOC adheres to PREA Standards, Section 115.33 of which states,
(d) The agency shall provide inmate education in formats accessible to all inmates, including those who are limited English proficient, deaf, visually impaired, or otherwise disabled, as well as to inmates who have limited reading skills.
(e) The agency shall maintain documentation of inmate participation in these education sessions.
According to the Massachusetts Statewide Records Retention Schedule revised October 2022,
J07-08: Inmate Program Records
See sub-schedules for specific retention periods.
Documents institutional programs for inmates such as the Correctional Recovery Academy (CRA) and other substance abuse and recidivism reduction programs, the sex offender program, and the education program. Includes program administration materials, program volunteer files, inmate program acceptances, background materials, progress notes and plans, evaluations, attendance rosters, course completions, and related correspondence. . . .
J07-08 (c): All other records
Retain 5 years after inmate final release
Reasons for Issue
DOC stated that it needed to revisit staff training regarding the documentation of interpreter services used during program review meetings.
Recommendations
- DOC management should establish record retention requirements by developing and documenting internal procedures regarding the use of interpreter services to ensure that records are retained for the use of all interpreter services when working with non-English-speaking I/Is.
- DOC management should monitor the record retention process it establishes by periodically reviewing all interpreter service records to ensure that employees adhere to the record retention procedure. Further, DOC should reevaluate the record retention procedure as changes to the process become necessary.
- DOC management should ensure that all employees are trained in the policies and procedures for all types of interpreter services used by DOC and that they are trained in how to properly document and retain documentation about the use of these services in PPD.
Auditee’s Response
DOC Corrective Action:
- In accordance with 103 CMR 420: Classification, section 420.07(1), “In instances where language barriers exist, the Telephone Interpreter Service shall be used, and its use documented”, DOC will incorporate new and clarifying language into the CMR (which is currently being revised) to include that Telephone Interpreter Services shall be offered to all individuals who are identified as Limited English Proficient and that this offer and their response to this offer must be documented in the classification report in the current review section. The current CMR language does not indicate where this information should be documented.
- DOC has initiated plans to incorporate audits of telephone interpreter service use at classification reviews (during which personalized program plans are discussed/reviewed with incarcerated individuals) into the existing audit process pursuant to 103 CMR 420.12: Audits. Oversight to be provided at the Central Office Level by the Classification Division.
- DOC has already provided directives to Institutional Directors of Classification and Treatment and Deputy Superintendents of Reentry to ensure that consistent language regarding the documentation of Telephone Interpreter Service offers and individuals’ responses to such offers is used, and to ensure that this information is consistently documented in the Current Review Section of the classification report.
- Classification Chairperson training has been updated to include language regarding the requirement pursuant to 103 CMR 420: Classification, section 420.07(1), “In instances where language barriers exist, the Telephone Interpreter Service shall be used, and its use documented.”
- DOC will explore the feasibility of incorporating staff’s Telephone Interpreter Service offer, and the incarcerated individual’s response fields, into the development of the new technology system . . . which would be queryable for data tracking and auditing efficiencies.
Auditor’s Reply
Based on its response, DOC is taking measures to address our concerns regarding this matter. As part of our post-audit review process, we will follow up on this matter in approximately six months.
| Date published: | December 19, 2025 |
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