Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 100.00 - Definitions › Section 100.00 - Definitions

Current through Register 1525, July 5, 2024
As used in
				120 CMR
				100.00 through
				900.05
				the following words and phrases have the following meanings:
Advisory Board of Pardons
. The
				Massachusetts Parole Board (Parole Board) members act as the Advisory Board of
				Pardons receiving all petitions for executive clemency, whether for a pardon of
				offense or commutation of sentence, and making a report and recommendation to
				the Governor regarding the petitions. M.G.L. c. 127, §§ 152 and
				154.
Aggregation
. The calculation process
				by which the parole ineligibility periods of consecutive sentences are
				combined, thereby producing a single parole eligibility date.
Commutation of Sentence
. The executive
				clemency power of the Governor, upon recommendation of the Advisory Board of
				Pardons, by and with the advice of the Executive Council (also known as the
				Governor's Council), as conferred by the Massachusetts Constitution, to effect
				the substitution of a lesser sentence than that previously imposed by a court
				of the Commonwealth. Commutations may be granted with conditions.
Concurrent Sentence
. A sentence to be
				served at the same time, in whole or in part, with another sentence. When an
				inmate who is serving one Massachusetts sentence receives an additional
				Massachusetts sentence, the Parole Board shall consider such sentence to be
				concurrent unless the
mittimus
expressly directs that the
				sentences are to be served consecutively.
Consecutive Sentence
. A sentence to be
				served "from and after" another sentence. The Parole Board will consider the
				sentences in the order named in the
mittimuses
.
CORI Registration
. Registration,
				granted by the Department of Criminal Justice Information Services (DCJIS)
				through the Victim Notification Registry, for a victim of a crime, family
				member of a homicide victim, witness, parent/guardian of a minor victim, or
				parent/guardian of a minor witness, as defined by M.G.L. c. 258B, that allows
				access to all available CORI of the person arraigned or convicted of said
				crime. M.G.L. c. 6, § 178A.
County Correctional Institutions (houses of
				correction or jails)
. Custodial institutions that are maintained
				and governed by county Sheriff's Departments.
Criminal Justice Agency
. A state or
				federal court with criminal jurisdiction or a juvenile court; federal, state,
				county, or local police; any governmental agency which incarcerates or
				rehabilitates juvenile offenders as its principal function; or any government
				agency that performs as its principal function activities relating to crime
				prevention, including research or the sponsorship of research; the
				apprehension, prosecution, adjudication, incarceration, or rehabilitation of
				criminal offenders, or the collection, storage, dissemination, or usage of
				criminal offender record information.
Criminal Offender Record Information
				(CORI)
. Records and data in any communicable form compiled by a
				Massachusetts criminal justice agency which concern an identifiable individual
				and relate to the nature or disposition of a criminal charge, an arrest, a
				pre-trial proceeding, other judicial proceedings, previous hearings conducted
				pursuant to M.G.L. c. 276, § 58A where the defendant was detained prior to
				trial or released with conditions under M.G.L. c. 276, § 58A subsection
				(2), sentencing, incarceration, rehabilitation, or release. Such information
				shall be restricted to that recorded as the result of the initiation of
				criminal proceedings or any consequent proceedings related thereto. CORI shall
				not include evaluative information, statistical and analytical reports, and
				files in which individuals are not directly or indirectly identifiable, or
				intelligence information. CORI shall be limited to information concerning
				persons who have attained the age of 18 and shall not include any information
				concerning criminal offenses or acts of delinquency committed by any person
				younger than 18 years old; provided, however, that if a person younger than 18
				years old is adjudicated as an adult, information relating to such criminal
				offense shall be CORI. CORI shall not include information concerning any
				offenses not punishable by incarceration.
Department of Correction
. The agency
				of the Commonwealth that manages and oversees state correctional institutions.
				M.G.L. c. 27, § 1.
The Department of Criminal Justice Information
				Services (DCJIS)
. The Commonwealth agency statutorily designated
				to provide a public safety information system and network to support data
				collection, information sharing, and interoperability for the Commonwealth's
				criminal justice and law enforcement communities; to oversee the authorized
				provision of CORI to the non-criminal justice community; to provide support to
				the Criminal Record Review Board (CRRB); to operate the Firearms Records Bureau
				(FRB); and to operate and technically support the Victim Notification Registry
				(VNR).
Detainer
. A warrant for temporary
				custody that authorizes the detention of a parolee pending a preliminary
				revocation hearing or pending the return of a parole violator to penal custody.
				M.G.L. c. 127, §§ 149 and 149A.
Earned Good Time
. An inmate serving
				any sentence of imprisonment may earn deductions from the maximum term of
				incarceration for his or her satisfactory performance in an approved
				employment, educational, or vocational training program or activity. The
				custodial authority may grant and consequently calculate such deductions
				pursuant to M.G.L. c. 127, § 129D. Earned good time deductions reduce the
				maximum term of incarceration and reduce the maximum term of parole
				supervision. Where the inmate is serving a state prison sentence, earned good
				time deductions also reduce the minimum term of incarceration.
Evaluative Information
. Records, data,
				or reports regarding individuals charged with a crime and compiled by criminal
				justice agencies that appraise mental conditions, physical conditions, extent
				of social adjustment, rehabilitative progress, and the like, and that are
				primarily used in connection with bail, pretrial or posttrial proceedings,
				sentencing, correctional and rehabilitative planning, and probation or parole
				decisions.
Evidentiary Standards
.
(a)
Probable Cause
. Sufficient reason
				based on known facts and circumstances to believe an individual has committed,
				is committing, or is going to commit a crime or behavior constituting a danger
				to self or to the community. This standard is utilized to issue a parole
				warrant pursuant to M.G.L. c. 127, § 149.
(b)
Reasonable Belief
. Belief based on
				objective, specific and articulable facts, and inferences drawn from those
				facts. This standard is utilized to issue a warrant for temporary custody
				pursuant to M.G.L. c. 127, § 149A and
				120 CMR
				303.04:
Issuance of Warrant for
				Temporary Custody (Detainer)
.
(c)
Preponderance of the Evidence
. The
				standard used to determine whether based upon all of the evidence, it is more
				likely than not that allegations against an individual are true. This standard
				is utilized by Parole Board members at rescission and final revocation
				hearings.
See
120 CMR
				302.07:
Postponement of Preliminary
				Revocation Hearing
and 303.24:
Procedure at Final Revocation
				Hearing
.
(d)
Clear and Convincing Evidence
. The
				standard used in considering whether the evidence presented is highly and
				substantially more probable to be true than not. This standard is applied by
				the Advisory Board of Pardons in assessing facts offered in a pardon or
				commutation petition.
See
120 CMR 900.00:
Executive Clemency: Generally
.
Felony
. As defined by M.G.L. c. 274,
				§ 1, a felony is a crime punishable by death or imprisonment in state
				prison.
Forthwith Sentence
. A state prison or
				house of correction sentence that an individual is to begin serving immediately
				and that is imposed pursuant to the provisions of M.G.L. c. 279, § 27.
				Forthwith state prison sentences extinguish prior house of correction
				sentences.
Full Board
. The total number of
				members of the Parole Board who the Governor has appointed to serve on the
				Parole Board, with the advice and consent of the Executive Council (also known
				as the Governor's Council), as provided in M.G.L. c. 27, § 4. For hearings
				pertaining to inmates serving life sentences, the majority of the full Board is
				five where there are seven members currently appointed and voting. M.G.L. c.
				127, § 133A. The majority of the full Board is four where there are six
				members currently appointed and voting, and three where there are five or fewer
				members. Pursuant to M.G.L. c. 30A, § 1C, the Parole Board is exempt from
				open meeting laws promulgated by M.G.L. c. 30A, §§ 18 through
				25.
(a) Special Parole Board members are appointed by the Secretary
				of the Executive Office of Public Safety and Security pursuant to M.G.L. c. 27,
				§ 7, and are not counted in determining the size or membership of the full
				Board.
(b) Where one or more Parole Board members are disqualified
				from hearing a case, otherwise required by law to be conducted by the full
				Board, the remaining members comprise the full Board. M.G.L. c. 127, §
				133A;
				120 CMR
				300.02(4).
Governor's Pardon/Commutation
				Guidelines
. General policy statements that the Governor publishes
				periodically to assist the Advisory Board of Pardons during its consideration
				of pardon and commutation petitions.
Habitual Criminal
. An offender, as
				defined in M.G.L. c. 279, § 25(a).
Habitual Offender
. An offender, as
				defined in M.G.L. c. 279, § 25(b) through (d).
Habitual
				Offenders
are not eligible for parole or other sentence
				deduction.
Hearing Panel
. Members of the Parole
				Board or Hearing Examiners who conduct parole release, rescission, preliminary,
				or final revocation hearings. A Parole hearing panel may consist of anywhere
				from one to seven Parole Board members, depending on the sentence structure and
				type of hearing.
House of Correction Sentence
. M.G.L.
				c. 279, §§ 6, 15, 16 and 23, a sentence to a house of correction
				contains a maximum term of 2½ years for any one offense. Parole
				eligibility for a house of correction sentence is set by Parole Board
				regulation as provided by
				120 CMR
				200.02:
Parole Eligibility
				Calculations
.
Institutional Parole Officer
. A staff
				member of the Parole Board whose work location is a county or state
				correctional facility. Institutional parole officers prepare inmates for their
				parole hearings, assist inmates in formulating plans for parole, and facilitate
				the decision making process of the parole hearing panel by compiling
				information for parole hearings.
Intelligence Information
. Records and
				data compiled by a criminal justice agency for the purpose of criminal
				investigation, including reports of informants, investigators or other persons,
				or from any type of surveillance associated with an identifiable individual.
				Intelligence information shall also include records and data compiled by a
				criminal justice agency for the purpose of investigating a substantial threat
				of harm to an individual, or to the order or security of a correctional
				facility. Such information is not included in the definition of CORI. M.G.L. c.
				6, § 167.
Intervening Sentence
. A new sentence
				which interrupts the service of a prior existing sentence.
Maximum Term of Sentence
. The maximum
				period of time that an inmate may be held in a custodial facility or under
				parole supervision on a sentence or sentences.
Mittimus
. A document signed by an
				officer of the court which memorializes the terms and duration of any sentence
				of imprisonment imposed on the defendant by the court and authorizes the
				transfer of that defendant from the custody of the sentencing court to a
				correctional institution in the Commonwealth.
Office Vote
. The process by which
				Parole Board members render their individual vote upon independent review of
				the issue at hand. Office votes take place by each Parole Board member
				separately, and do not occur immediately after a hearing or during executive
				session.
Pardon
. The modification or
				cancellation of the fact or effect of a criminal conviction by the Governor
				upon the recommendation of the Advisory Board of Pardons, with the advice and
				consent of the Executive Council (also known as the Governor's Council). M.G.L.
				c. 127, § 152.
(a)
Unconditional Pardon
. An
				unqualified grant of pardon, conferring to the recipient those entitlements and
				rights enjoyed by persons having no record of Massachusetts criminal
				convictions.
(b)
Conditional Pardon
. A qualified
				grant of pardon, subjecting the recipient to one or more express restrictions
				on those entitlements and rights enjoyed by persons having no record of
				Massachusetts criminal convictions.
Parole Dates and Periods
.
(a)
Parole Date
. The date upon which
				an inmate will be paroled.
(b)
Reserve Parole Date
. The date on
				or after which an inmate will be paroled if all conditions precedent are
				fulfilled.
(c)
Parole Termination Date
. The date
				upon which parole supervision ends prior to a parole discharge date. The
				termination of a sentence can only occur by a majority vote of all the members
				of the Parole Board, who must determine that the termination of such sentence
				is in the public interest. A certificate of termination of sentence may be
				issued only after specified criteria are met by the parolee and after the
				parolee has completed at least one year of satisfactory parole or if the
				parolee has completed a qualifying program while incarcerated and has
				subsequently successfully completed at least four months of satisfactory
				parole. The Parole Board is required to notify the sentencing judge and the
				Commissioner of Correction if it votes to terminate a sentence. M.G.L. c. 127,
				§ 130A.
(d)
Parole Eligibility Date
. The date
				upon which an inmate first becomes eligible for release to parole
				supervision.
(e)
Parole Ineligibility Period
. The
				period of time from the effective date of the sentence until the parole
				eligibility date during which the inmate cannot be released on parole. The
				aggregation of parole ineligibility periods does not always follow the rules
				which pertain to aggregation of sentence structures; the two methods of
				calculation are distinct and separate.
(f)
Parole Discharge Date
. The date
				when the underlying sentence is complete and parole supervision ends. For
				offenses committed prior to July 1, 1994, the parole discharge date is reached
				by adding the maximum term of incarceration to the sentence effective date and
				then deducting all statutory, earned good time, prison camp, and blood donation
				deductions accumulated while incarcerated from the maximum term of
				incarceration. For offenses committed on or after July 1, 1994, the parole
				discharge date is reached by adding the maximum term of sentence to the
				sentence effective date and then deducting all earned good time and prison camp
				deductions accumulated while incarcerated from the maximum term of
				incarceration.
Parole Permit
. The official document
				signed by the Chairman of the Parole Board or his or her designee allowing an
				offender to assume parole status and specifying the conditions of
				parole.
Parole Revocation
. The administrative
				action of Parole Board members that removes a person from parole status in
				response to a violation of one or more conditions of parole.
Parole Revocation Hearings
.
(a)
Preliminary Revocation Hearing
. A
				proceeding conducted before a hearing examiner or other official designated by
				the Chair of the Parole Board to determine whether probable cause exists to
				believe that a parolee has violated a condition of parole and, if so, whether
				parole should be provisionally revoked.
(b)
Final Revocation Hearing
. An
				administrative proceeding before a panel of Parole Board members where all
				pertinent aspects of the parolee's alleged violations of parole are reviewed
				and the panel determines whether parole should be finally revoked or presents
				their findings to the full Parole Board for a vote on a later date.
Parole Violation
. An act or a failure
				to act by a parolee that does not conform to the conditions of parole.
Parole Violation Report
. A written
				summary of the facts and circumstances that have caused the parole officer to
				believe that one or more conditions of parole were violated. The Parole
				Violation Report shall also contain a recommendation from the parole officer to
				the Parole Board members concerning the appropriate sanction for the reported
				violation.
Probation
. The portion of a sentence
				that the court orders to be served in the community under the supervision of
				the Department of Probation, as authorized by M.G.L. c. 279, §§ 1 and
				1A.
Sentencing Periods and Dates
.
(a)
Committed Term of Sentence
. The
				term of actual incarceration ordered to be served by the court in cases where a
				split sentence is imposed.
(b)
Discharge Date of Sentence
. That
				date upon which a sentence ends after crediting deductions from the sentence
				under the provisions of M.G.L. c. 127, §§ 129C, and 129D.
(c)
Effective Date of Sentence
. That
				date on which a sentence commences, and from which parole eligibility and
				discharge dates are calculated. The effective date of a sentence may differ
				from the date the sentence is imposed due to jail credits applied pursuant to
				M.G.L. c. 127, § 129B and 129C, c. 279, § 33A, and in those instances
				where the sentence is consecutive to another sentence as provided by M.G.L. c.
				279, § 8A.
(d)
Mandatory Minimum Term of
				Incarceration
. The term of imprisonment required by statute that
				an individual must serve, usually without the benefit of probation, parole,
				furloughs, or work release.
(e)
Minimum Term of Sentence
. The
				minimum term of a state prison sentence.
Split Sentence
. A sentence of
				imprisonment to a jail or house of correction, a portion of which is ordered to
				be served in custody and the remainder of which is suspended while the
				defendant serves a period of probation for such time and on such terms and
				conditions as the court orders. M.G.L. c. 279, §§ 1 and 1A.
State Prison Sentence
. A sentence to
				a state prison containing a minimum and a maximum term, with parole eligibility
				governed by M.G.L. c. 127, § 133 and c. 279, § 24. For individuals
				serving a sentence that contains life as the maximum term of the sentence and
				those sentenced as habitual criminals to a life sentence, the parole
				eligibility and parole hearing processes are governed by M.G.L. c. 127,
				§§ 133A, 133B and
				120 CMR
				200.00:
Parole Eligibility
.
Underlying Sentence
. The sentence
				from which an individual has been or may be paroled.
Victim
. A person defined as a victim
				by M.G.L. c. 258B, § 1 or registered by the Department of Criminal Justice
				Information Services (DCJIS) to receive Criminal Offender Record Information
				(CORI) pursuant to M.G.L. c. 258B or c. 6, § 172(a)(19) or as defined in
				120 CMR 401.02:
Definitions.
Warrant
. The document that authorizes
				the arrest and return of a parolee to penal custody because of an alleged
				violation of parole. M.G.L. c. 127, § 149 and
				120 CMR
				303.04:
Issuance of Warrant for
				Temporary Custody (Detainer)
and 303.15:
Issuance of Parole
				Violation Warrant
.
Warrants
include:
(a) Detainers, or warrants for temporary custody, which
				authorize the detention of a parolee pending a preliminary revocation
				hearing;
(b) Warrants for Permanent Custody, which may be authorized by
				the Parole Board upon a finding of probable cause that a violation occurred;
				and
(c) Warrants authorized and issued by the Parole Board to
				detain a parolee whom the Parole Board is supervising under the Interstate
				Compact for Supervision of Probationers and Parolees and Interstate Compact for
				Adult Offender Supervision (ICAOS). M.G.L. c. 127, § 151A through N and
				Rule 4.109-1 of the Interstate Compact Rules.