reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 400.00 - Victim Input and Notification of Parole Hearings and Decisions › Section 400.01 - General Provisions

Current through Register 1525, July 5, 2024
(1) The Parole Board
			 shall notify victims of an offender's parole eligibility and parole status
			 pursuant to M.G.L. c. 258B, § 3 and in accordance with the procedures that
			 follow. Unless specifically stated otherwise, notification shall be by first
			 class mail to the last known address of the victim as recorded by the Parole
			 Board or the Department of Criminal Justice Information Services' Victim
			 Notification Registry.
(2) Victims
			 may submit a written statement to the Parole Board regarding the impact of the
			 crime and the victims' opinion and/or recommendation regarding parole release.
			 Statements submitted by a victim, whether oral, written, or electronically
			 recorded, may be considered evaluative or intelligence information according to
			 120 CMR 500.00:
Dissemination of CORI, Evaluative Information, and Intelligence
			 Information
and may be kept confidential if necessary to protect
			 anyone from harm or to protect the source of information pursuant to M.G.L. c.
			 127, § 130.
(3) Failure of
			 victims to respond to the Parole Board's notice of a parole hearing will not
			 cause the hearing to be postponed.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 400.00 - Victim Input and Notification of Parole Hearings and Decisions › Section 400.02 - Notification of Parole Eligibility and Release

Current through Register 1525, July 5, 2024
(1) Upon receipt of CORI registration, as
			 defined in
			 120 CMR
			 100.00:
Definitions
, the Parole Board
			 shall notify victims of the initial parole eligibility date or parole status of
			 the offender and the victims' right to provide input to the Parole Board during
			 the parole process.
(2) Victims
			 will be notified of the parole hearing date in accordance with the time
			 specifications set forth in 120 CMR 400.02(2)(a) and (b), absent extenuating
			 circumstances. Such circumstances may include, but are not limited to
			 recalculation of the parole eligibility date due to previously unaccounted for
			 earned good time, or where notice of CORI registration is not received within
			 sufficient time for advance notice of the parole hearing or decision.
(a) The Parole Board shall provide notice of
			 the parole release hearing to victims who are eligible to participate in victim
			 access hearings according to
			 120 CMR
			 401.00:
Victim Access Hearings
60
			 days prior to the parole release hearing.
(b) The Parole Board shall provide notice of
			 the parole release hearing to victims of all other offenders not less than 30
			 days prior to the hearing.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 400.00 - Victim Input and Notification of Parole Hearings and Decisions › Section 400.03 - Notification of Parole Revocation

Current through Register 1525, July 5, 2024
(1) The
			 Parole Board shall provide to victims notice of the following revocation
			 proceedings:
(a) the issuance of a warrant
			 for permanent custody due to the parolee's status as "whereabouts
			 unknown";
(b) the reapprehension of
			 a parolee after being "whereabouts unknown", and the date and the decision of
			 the final parole revocation hearing;
(c) a provisional revocation of the parole
			 release permit;
(d) the date of a
			 final revocation hearing and hearing panel decision.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 400.00 - Victim Input and Notification of Parole Hearings and Decisions › Section 400.04 - Notification of Pardon and Commutation Proceedings

Current through Register 1525, July 5, 2024
(1) Victims shall be notified of the hearing
			 date for a pardon or commutation petition filed by the offender at least 30
			 days prior to the hearing.
(2)
			 Notice of the Advisory Board of Pardons' recommendation to the Governor shall
			 be made to the victim on the next business day following the date on which the
			 Advisory Board of Pardons' recommendation is sent to the Office of the
			 Governor.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 401.00 - Victim Access Hearings › Section 401.01 - Purpose

Current through Register 1525, July 5, 2024
In addition to parole hearings for persons serving life
				sentences pursuant to M.G.L. c. 127, § 133A, parole release hearings
				for:
(a) Inmates serving state
			 sentences for crimes which resulted in death will also be accessible to victims
			 as defined in
			 120 CMR 401.02. Such
			 crimes shall include, but not be limited to, voluntary and involuntary
			 manslaughter and vehicular homicide. Parole release hearings for inmates
			 serving state sentences, who also have as part of the sentence structure a
			 county sentence for a crime which resulted in death will also be accessible to
			 victims as defined in
			 120 CMR 401.02.
See
M.G.L. c. 127, § 133C.
(b) Inmates serving state sentences for
			 violent crimes or a sex offense, as defined in M.G.L. c. 127, § 133E, will
			 be accessible to victims as defined in
			 120 CMR 401.02.
			 Parole release hearings for inmates serving state sentences, who also have as
			 part of the sentence structure a county sentence for a crime defined in M.G.L.
			 c. 127, § 133E, will also be accessible to victims as defined in
			 120 CMR 401.02
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 401.00 - Victim Access Hearings › Section 401.02 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of
				120 CMR
				401.00 only:
Hearing
. An inmate's initial
				eligibility, annual review, special consideration, reconsideration, and/or
				appeal hearings for those inmates who are serving sentences as described in
				120 CMR 401.01. Hearing
				also refers to final revocation hearings under
				120 CMR
				303.16:
Withdrawal, Service, or
				Vacating of the Parole Violation Warrant
and rescission hearings under
				120 CMR
				302.08:
Procedure at Rescission
				Hearing
, where the conduct forming the basis of the revocation or
				rescission was directed at or involved the victim or a member of the victim's
				family.
Victim
.
(a) Surviving victim(s) of crime. Persons who are victims of
				violent crimes or sex offenses, as those terms are defined in M.G.L. c. 127,
				§ 133E.
(b) The surviving family members of a person who is deceased as
				a result of the commission of a crime as defined in
				120 CMR 401.01. Surviving
				family members shall include, but not be limited to, parent, stepparent or
				guardian of the deceased; spouse or person with whom the deceased lived with in
				a relationship similar to marriage; child, stepchild, grandchild of the
				deceased who has attained 18 years of age; grandparent, aunt, uncle, sibling,
				cousin, niece, nephew, or in-law of the deceased who has attained the age of
				18; grandparent, sibling, aunt, uncle, niece, nephew, and/or guardian of a
				minor child or stepchild of the deceased. M.G.L. c. 127, § 133C. The
				Parole Board, in its discretion, may allow other relations of the deceased to
				testify. Surviving family members, as that term is used in
				120 CMR
				401.00, shall not include those persons who have been
				charged in relation to the crime against the victim. M.G.L c. 258B, §
				1.
(c) Parents or legal guardians of minor victims of violent
				crimes or sex offenses, as those terms are defined in M.G.L. c. 127, §
				133E. The Parole Board, in its discretion, may allow other relations of the
				victim to testify. Parents, legal guardians, or other relations, as those terms
				are used in
				120 CMR
				401.00, shall not include those persons who have been
				charged in relation to the crime against the victim. M.G.L. c. 258B, §
				1.
In order to testify in any parole hearing pursuant to 120 CMR
				401, victim(s), as that term is defined in 120 CMR 401.02, must be CORI
				registered by the Department of Criminal Justice Information Services pursuant
				to M.G.L. c. 6, § 172 and
				803 CMR 9.00:
Victim
				Notification Registry (VNR)
.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 401.00 - Victim Access Hearings › Section 401.03 - General Provisions

Current through Register 1525, July 5, 2024
(1) The Parole Board
			 may, in its discretion, adopt procedures to promote safety and security at the
			 hearing and to ensure the orderly conduct of the hearing. For example, the
			 Parole Board may limit the number of persons who attend or testify at a
			 hearing.
(2) Victims must comply
			 with all rules and requests by the Parole Board pertaining to safety and
			 security and to the orderly conduct of the hearing. Failure to comply with such
			 rules or requests may result in exclusion from the hearing room or from Parole
			 Board premises.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 401.00 - Victim Access Hearings › Section 401.04 - Victim Impact Statements Before Parole Board Members

Current through Register 1525, July 5, 2024
(1) A victim shall be afforded the
			 opportunity to inform Parole Board members of the crime, the impact of the
			 crime, and the victim's opinion and recommendation regarding parole release
			 prior to the hearing, in written submissions or verbal communications to Parole
			 Board members, or to attend and testify at the hearing in accordance with the
			 procedures set forth in 120 CMR 401.04. The inmate will be notified that a
			 victim or victims may attend or testify at the hearing.
(2) A victim may attend and offer testimony
			 at the hearing. A victim may also attend the hearing and provide written
			 submissions to Parole Board members regarding the impact of the crime and the
			 victim's opinion regarding parole release.
(3) A victim must notify the Parole Board's
			 Victims Service Unit of their intent to attend a hearing at least 30 days prior
			 to the hearing in writing or by telephone to the Victims Service Unit. A victim
			 who testifies at a hearing must do so in the presence of the inmate. Parole
			 Board members may, in their discretion, exclude victims who fail to provide
			 timely notice of their intent to testify at a hearing.
(4) Statements submitted by a victim, whether
			 oral, written, or electronically recorded, may be considered evaluative or
			 intelligence information according to
			 120 CMR 500.00:
Dissemination of CORI, Evaluative Information, and Intelligence
			 Information
, and may be kept confidential if necessary to protect
			 anyone from harm or to protect the source of information.
See
M.G.L. c. 127, § 130 and c. 4, § 7(26).
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 500.00 - Dissemination of CORI, Evaluative Information, and Intelligence Information › Section 500.01 - General Provisions

Current through Register 1525, July 5, 2024
As a criminal justice agency responsible for maintaining
				criminal offender record information (CORI), the Parole Board will disseminate
				CORI only in accordance with
				120 CMR 500.00 and
				803 CMR 2.00:
Criminal
				Offender Record Information (CORI)
.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 500.00 - Dissemination of CORI, Evaluative Information, and Intelligence Information › Section 500.02 - Dissemination of Information to the Public

Current through Register 1525, July 5, 2024
(1) The Parole Board shall make available to
			 any person, upon request, information that it has the primary responsibility
			 for creating and maintaining regarding custody status and placement within the
			 criminal justice system as provided in M.G.L. c. 6, § 172. This
			 information is limited to whether a criminal offender currently:
(a) is confined in a correctional
			 institution;
(b) is eligible for
			 parole on an estimated date; or
(c)
			 has begun parole supervision on a specified date; and has ended, or is expected
			 to end parole supervision on a specified date.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 500.00 - Dissemination of CORI, Evaluative Information, and Intelligence Information › Section 500.03 - Dissemination of CORI to the Subject

Current through Register 1525, July 5, 2024
Each individual shall have the right to inspect CORI which
				refers to him or her as provided in M.G.L. c. 6, § 175. Such dissemination
				shall be in accordance with
				803 CMR
				7.10:
Dissemination of Criminal
				Offender Record Information (CORI) to a Criminal Justice Agency (CJA)
,
				and subject to redaction if necessary to protect anyone from harm or to protect
				the source of information.
See
M.G.L. c. 127, § 130; c.
				66A; and c. 4, § 7(26).
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 500.00 - Dissemination of CORI, Evaluative Information, and Intelligence Information › Section 500.04 - Dissemination of CORI to Registered Individuals

Current through Register 1525, July 5, 2024
The Parole Board will notify victims who are CORI-registered of
				the offender's parole eligibility and parole status in accordance with
				120 CMR 400.00:
Victim Input and Notification of Parole Hearings and Decisions
and M.G.L. c. 258B.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 500.00 - Dissemination of CORI, Evaluative Information, and Intelligence Information › Section 500.05 - Dissemination to Criminal Justice Agencies

Current through Register 1525, July 5, 2024
The Parole Board shall disseminate CORI to criminal justice
				agencies. M.G.L. c. 6, § 172.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 500.00 - Dissemination of CORI, Evaluative Information, and Intelligence Information › Section 500.06 - Dissemination of Evaluative Information to the Offender

Current through Register 1525, July 5, 2024
(1) Upon written request by the offender or
			 his or her representative, with verified written authority, the Parole Board
			 shall disseminate evaluative information generated by it unless disclosure of
			 such information falls under one of the exemptions listed in 120 CMR
			 500.06(2).
(2) The following
			 evaluative information shall not be disseminated pursuant to M.G.L. c. 127,
			 § 130, c. 4, § 7(26), and c. 66A:
(a) information which would pose a direct and
			 articulable threat to the safety of an individual;
(b) information which would pose a direct and
			 articulable threat to the security of a correctional facility;
(c) information deemed confidential by the
			 Parole Board;
(d) documents or
			 working papers of the deliberative process of the hearing panel.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 500.00 - Dissemination of CORI, Evaluative Information, and Intelligence Information › Section 500.07 - Dissemination of Evaluative Information to Criminal Justice Agencies

Current through Register 1525, July 5, 2024
The Parole Board may disseminate evaluative information to
				criminal justice agencies that is necessary for the discharge of their
				statutory responsibilities.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 700.00 - Termination of Parole › Section 700.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				120 CMR
				700.00 is to establish rules and procedures governing
				the process by which the Parole Board may issue a certificate of termination of
				sentence.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 700.00 - Termination of Parole › Section 700.02 - Scope and Applicability

Current through Register 1525, July 5, 2024
120 CMR
				700.00 shall apply to all Parole Board employees and
				Parolees eligible for termination of a sentence pursuant to M.G.L. c. 127
				§ 130A.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 700.00 - Termination of Parole › Section 700.03 - Definitions

Current through Register 1525, July 5, 2024
In addition to the definitions set forth in
				120 CMR
				700.00, the definitions contained in
				120 CMR
				100.00 are incorporated herein:
Certificate of Termination
.
				Certificate issued to Parolee only after a majority of the Parole Board has
				voted to approve the Parolee's Termination Application.
Reduced Supervision
. A classification
				that the Parole Board may designate to a Parolee only after they have been on
				Standard Supervision for at least six months, have been in compliance with
				parole conditions, and have been assessed as low risk or very low risk during
				their most recent assessment.
Standard Supervision
. A classification
				that the Parole Board may designate to a parolee who has been assessed as no
				higher than medium risk during their most recent assessment ans who has
				otherwise been in compliance with parole coditions, after having completed any
				required period of supervision at the intensive and/or maximum level(s) of
				supervision.
Termination Application
. Completed
				form and accompanying documents reviewed by the Parole Board when determining
				whether to issue a certification of termination of a parolee's sentence under
				M.G.L. c. 127, § 130 A.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 700.00 - Termination of Parole › Section 700.04 - Minimum Eligibility Requirements

Current through Register 1525, July 5, 2024
(1) To be eligible for consideration for a
			 Certificate of Termination of parole under M.G.L. c. 127 § 130A, the
			 Parolee must have:
(a) Completed at least one
			 year of satisfactory parole supervision;
(b) Been assessed as low or very low risk on
			 their annual risk re-assessment and be under Reduced Supervision, or be under
			 Standard Supervision and have completed at least ten years of supervision and
			 assessed at moderate on their annual risk assessment;
(c) Received no written warnings, parole
			 violation reports, or warrants in the past year;
(d) No open court cases;
(e) Be in compliance with all other parole
			 supervision requirements; or
(f)
			 Completed the so-called special incarceration boot camp program and
			 subsequently completed at least four months of satisfactory parole.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 700.00 - Termination of Parole › Section 700.05 - Standard of Review

Current through Register 1525, July 5, 2024
(1) The Parole
			 Board may, by a majority vote of all of the members, issue to a Parolee under
			 its supervision a Certificate of Termination of sentence, provided that in the
			 judgment of the Parole Board such termination shall be in the public
			 interest.
(2) Factors taken under
			 consideration by the Parole Board in determining whether a certificate of
			 termination is in the public interest shall include, but are not limited to,
			 the following:
(a) The Parolee's criminal
			 history;
(b) The nature and
			 severity of the Parolee's underlying offense for which the Parolee was granted
			 a permit to be at liberty;
(c)
			 Whether the Parolee is under investigation by a law enforcement
			 authority;
(d) The Parolee's
			 history of violating the terms or conditions of parole;
(e) The Parolee's history of adjustment in
			 the following areas: social, family, work, and attitude towards
			 supervision;
(f) Health;
(g) Community service or involvement in the
			 community; and
(h) Positive
			 pro-social accomplishments.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 700.00 - Termination of Parole › Section 700.06 - Procedure Generally

Current through Register 1525, July 5, 2024
(1) Parolees
			 seeking a Certificate of Termination shall submit a completed Termination
			 Application to the Office of General Counsel.
(a) Upon request of the Parolee, the Parole
			 Officers shall, within ten days of receipt of Parolee's request, review the
			 Parolee's Termination Application and, if necessary, aid with gathering all
			 required documents within the custody and control of the Parole Board to ensure
			 the Termination Application is complete. The Parolee may also include letters
			 of support and/or other documentation that they feel would be relevant to the
			 Parole Board's decision.
(b)
			 Parolees may only submit one Termination Application per year as set forth in
			 120
			 CMR 700.04.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 700.00 - Termination of Parole › Section 700.07 - Severability Clause

Current through Register 1525, July 5, 2024
If any article, section, subsection, sentence, clause, or
				phrase of
				120 CMR
				700.00 is for any reason held to be unconstitutional,
				contrary to statute, or in excess of the statutory authority of the Secretary
				of Public Safety and Security or otherwise inoperative, such decision shall not
				affect the validity of any other article, section, subsection, sentence,
				clause, or phrase of
				120 CMR
				700.00.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 900.00 - Executive Clemency: Generally › Section 900.01 - Advisory Board of Pardons

Current through Register 1525, July 5, 2024
(1) The Advisory
			 Board of Pardons shall review petitions for executive clemency, conduct
			 hearings, and make recommendations to the Governor regarding petitions for
			 executive clemency.
(2) The
			 Advisory Board of Pardons shall be directed by the Governor's Executive
			 Clemency Guidelines in its consideration of petitions for executive clemency.
			 The petitioner must prove the merits of the petition by clear and convincing
			 evidence, as defined in
			 120 CMR
			 100.00:
Definitions
.
(3) An Advisory Board member shall abstain
			 from voting on petitions for executive clemency on the basis of personal
			 involvement in the case which may present the appearance of impropriety or
			 might prevent that member from making an impartial recommendation.
(4) Upon receipt of a petition for executive
			 clemency, the Advisory Board of Pardons shall notify interested parties
			 pursuant to M.G.L. c. 127, § 154.
(5) A petition for executive clemency shall
			 be reviewed administratively by the Advisory Board of Pardons for compliance
			 with relevant Massachusetts General Laws and the Governor's Executive Clemency
			 Guidelines. If the petition does not substantially comply with the criteria set
			 by statute and the Governor's Executive Clemency Guidelines, the Advisory Board
			 of Pardons shall forward the petition to the Governor with a recommendation
			 that the petition be denied and a statement of the reasons therefor. The
			 Advisory Board of Pardons shall notify the petitioner of its
			 recommendation.
(6) If a petition
			 is deemed to be in compliance after the administrative review, the Advisory
			 Board of Pardons shall conduct a preliminary investigation and prepare a case
			 summary concerning the petitioner's criminal, social, and institutional
			 histories, and any other facts deemed relevant to the merit of the
			 petition.
(7) The Advisory Board of
			 Pardons shall review the petition, case summary, any supporting documentation,
			 and investigatory materials. After such review, the Advisory Board of Pardons
			 may recommend denial of the petition or approve the scheduling of a hearing on
			 the merits of the petition. Where investigation reveals that the petition does
			 not substantially comply with the criteria set by statute and the Governor's
			 Executive Clemency Guidelines, the Advisory Board of Pardons shall forward the
			 petition to the Governor with a recommendation that the petition be denied and
			 a statement of the reasons therefor.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 900.00 - Executive Clemency: Generally › Section 900.02 - Notice of Hearing

Current through Register 1525, July 5, 2024
(1) Where the
			 Advisory Board of Pardons determines a petition merits a hearing, the Advisory
			 Board of Pardons will notify the Governor, in writing, of its intention to hold
			 a hearing.
(2) The Advisory Board
			 of Pardons shall also notify the following parties of the hearing:
(a) the Attorney General of the
			 Commonwealth;
(b) the Chief of
			 Police of the municipality in which the crime was committed, if such can be
			 ascertained;
(c) the District
			 Attorney in whose district sentence was imposed;
(d) the Secretary of Public Safety and
			 Security; and
(e) if the petitioner
			 is incarcerated in a state facility, the Commissioner of Correction; or if the
			 petitioner is incarcerated in a county facility, the county Sheriff, or his or
			 her designee.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 900.00 - Executive Clemency: Generally › Section 900.03 - Hearing Process

Current through Register 1525, July 5, 2024
(1) The burden shall
			 be on the petitioner to show, by clear and convincing evidence, that executive
			 clemency relief is appropriate.
See
120 CMR
			 100.00:
Definitions
.
(2) The hearing process shall be a public
			 proceeding as outlined in
			 120
			 CMR 301.06(2).
(3) At an executive session scheduled after
			 the hearing, the Advisory Board of Pardons shall determine, by a majority vote,
			 what recommendation to make to the Governor. Dissenting Advisory Board members
			 may submit minority opinions for consideration by the Governor.
(4) The Advisory Board of Pardons shall
			 submit its recommendation and supporting documents to the Governor
			 expeditiously after forming a recommendation. The Advisory Board of Pardons
			 shall not disclose its recommendation, either verbally or in writing, until
			 after such recommendation is submitted to the Office of the Governor.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 900.00 - Executive Clemency: Generally › Section 900.04 - Refiling of a Petition for Executive Clemency

Current through Register 1525, July 5, 2024
(1) When the Advisory Board of Pardons
			 submits their recommendation to the Governor, the Advisory Board of Pardons
			 shall deem the petition denied from the date of express denial by the Governor,
			 or when the Governor does not render a decision within the timeframe
			 established by the Governor's Executive Clemency Guidelines. The Advisory Board
			 of Pardons shall not accept another petition from the petitioner within one
			 calendar year from the date of the denial.
(2) The Advisory Board of Pardons may waive
			 the refiling restrictions in 120 CMR 900.04(1) if the petitioner demonstrates a
			 material and compelling change in circumstances.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 900.00 - Executive Clemency: Generally › Section 900.05 - Documents as Public Records

Current through Register 1525, July 5, 2024
(1) The petition
			 for commutation of sentence or pardon of offenses and all supporting
			 documentation shall be public records upon filing of the petition with the
			 Office of the Governor.
(2) Any
			 supporting documentation or testimony presented at a commutation or pardon
			 hearing shall become a public record upon completion of the hearing. Any
			 documents or testimony submitted subsequent to a hearing, and the Advisory
			 Board of Pardons recommendation to the Governor, shall become public records
			 upon receipt by the Governor of the Advisory Board of Pardons
			 recommendation.
(3) Notwithstanding
			 120 CMR 900.05(1) and (2), the Advisory Board of Pardons may designate any
			 information as confidential, and such information shall be transmitted to the
			 Governor under seal. Information designated confidential shall not be
			 considered a public record.
See
M.G.L. c. 127, §
			 154.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.100 - Authority and Scope

Current through Register 1525, July 5, 2024
121 CMR 1.000 is promulgated pursuant to M.G.L. c. 6, § 207, c. 30A; 45 CFR 205.10, 400.23, 400.54 and 400.83; 801 CMR 1.02:
Informal/Fair Hearing Rules
and 1.03:
Miscellaneous Provisions Applicable to All Adjudicatory Proceedings
. They are applicable, as specified in 121 CMR 1.000, to appeals of decisions made under the Massachusetts Refugee Resettlement Program (MRRP), 121 CMR 2.000:
Massachusetts Refugee Resettlement Program
, and 121 CMR 3.000:
Auxiliary Activities
.
801 CMR 1.02:
Informal/Fair Hearing Rules
, 1.03:
Miscellaneous Provisions Applicable to All Adjudicatory Proceedings
are incorporated in 121 CMR 1.000 and govern the conduct of hearings under the Massachusetts Refugee Resettlement Program (MRRP), for an applicant or participant appealing an adverse action or failure to act by a Case Management Provider. 121 CMR 1.000, is intended to supplement those regulations. The Office for Refugees and Immigrants (ORI) may enter into inter-departmental service agreements with other state agencies or outside independent hearing officers to conduct hearings.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.110 - General Description of the Fair Hearing Process

Current through Register 1525, July 5, 2024
A fair hearing is an appeal of an action proposed, taken or not taken by a Case Management Provider. The hearing is conducted by a hearing officer who is the ORI Director or designated by him or her. The hearing shall be conducted in a fair and impartial manner and determine the legal rights, duties, benefits, or privileges of applicants and participants.
The hearing officer's decision is based on the facts, the law, and the other circumstances of the case as presented by the parties. The decision of the hearing officer is not subject to review by the ORI Director. The decision of the impartial hearing officer is a final agency decision within the meaning of the state Administrative Procedures Act, M.G.L. c. 30A.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.120 - Definitions

Current through Register 1525, July 5, 2024
The following terms are used primarily in 121 CMR 1.000:
Adequate Notice
. A written notice of an intended action to reduce, suspend or terminate assistance. It must contain:
(a) a statement of the intended action;
(b) the reason(s) for the intended action;
(c) a citation to the regulation(s) supporting the action;
(d) an explanation of the right and procedures to request a fair hearing;
(e) the circumstances under which assistance is continued if a hearing is requested; and
(f) a statement that if the action is upheld, assistance paid pending appeal is subject to recovery.
Appeal
. A written request for a fair hearing on an action proposed or taken by a Case Management Provider or on the Provider's failure to act.
Appellant
. An applicant or participant requesting a fair hearing.
Applicant
. A person or family who has applied or been denied the opportunity to apply for benefits available under MRRP.
Assistance
. Case Management, an employment service(s), or financial or medical assistance offered under MRRP.
Authorized Representative
. A person who is authorized in writing by the appellant to represent him or her at a hearing.
Fair Hearing
. A proceeding conducted by the ORI Director or his or her designee who shall be an impartial hearing officer appointed to review an action proposed, taken or not taken by a Case Management Provider, which has been appealed. If the hearing is conducted by an appointed hearing officer, the decision of the hearing officer shall not be subject to review by the ORI Director. The decision of the hearing officer shall be a final agency decision within the meaning of and subject to judicial review under M.G.L. c. 30A.
Interpreter
. A person who translates for the appellant, when the appellant's primary language is not English or when the appellant is deaf or hearing-impaired. The interpreter is sworn to make an impartial and accurate translation of the events occurring at the hearing.
Party
. The appellant or a Case Management Provider.
Subpoena
. A document which commands a witness to attend and give testimony before a court or an administrative proceeding such as a fair hearing, at a scheduled time and place. A subpoena also can require a witness to produce before the court or administrative proceeding any books, documents, papers, records, or tangible evidence relating to any matter in question at the hearing.
Timely Notice
. Adequate notice mailed or given to a refugee at least ten calendar days prior to the effective date of an intended action.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.200 - Appointment of Hearing Officer

Current through Register 1525, July 5, 2024
If the ORI Director is not going to preside as the hearing officer, he or she shall designate an impartial person or persons to conduct hearings and make decisions under 121 CMR 1.000. No person shall attempt to interfere with or influence the decision of the hearing officer or the implementation of the decision. No person shall review the decision of the hearing officer prior to its issuance. Neither the ORI Director nor an appointed hearing officer shall preside in a hearing in which a decision in which he or she has had prior involvement is in dispute.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.210 - Powers and Duties of the Hearing Officer

Current through Register 1525, July 5, 2024
(1) The hearing officer has a duty to:
(a) Administer the oath or affirmation to anyone who will testify at the hearing and to an interpreter/translator;
(b) Insure that everyone present has a full opportunity to offer all information necessary to decide the issues involved and protect the rights of the parties;
(c) Insure an orderly presentation of the evidence;
(d) Give all parties a full opportunity to present their claims orally or in writing and to secure witnesses and evidence to establish their claims;
(e) Receive, rule on, exclude, or limit evidence;
(f) Introduce into the record by reference or production any regulations, statutes, memoranda, or other materials he or she believes relevant to the issues at the hearing;
(g) Insure a record is made of the proceedings;
(h) Make a fair, independent and impartial decision based on the issues and evidence presented at the hearing and in accordance with the law and, when appropriate, order ORI or Case Management Provider action; and
(i) Inform appellants who are not fluent in English of the right to a full and accurate interpretation by their own interpreter, or by an ORI-provided interpreter. All statements, including questions, answers and comments, of the appellant, hearing officer, witnesses, and any other persons participating in the hearing, shall be fully translated without any alteration.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.300 - Rights of the Appellant

Current through Register 1525, July 5, 2024
The appellant shall have the right to:
(a) Be assisted by an authorized representative;
(b) Present witnesses;
(c) Introduce evidence from his or her case record or any other pertinent Case Management Provider documents;
(d) Present and establish all relevant facts and circumstances by oral testimony and documentary evidence;
(e) Present oral and written arguments without undue interference;
(f) Question or refute any testimony, and confront and cross-examine adverse witnesses.
(g) Be assisted by an interpreter when limited English proficiency prevents adequate participation in the fair hearing.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.310 - Authorized Representative

Current through Register 1525, July 5, 2024
(1) An appellant has the right to be represented at his or her own expense by any person who is authorized in writing to do so or who accompanies the appellant to the hearing. The appellant shall submit a signed authorization, prior to or at the hearing, containing the name, address, and telephone number of the representative.
A representative may exercise on a party's behalf the rights and powers vested in that party by 121 CMR 1.000.
(2) Where an interpreter also acts as the appellant's authorized representative, the appellant shall sign a statement acknowledging such roles and waiving any objection to having the representative/interpreter serve in both capacities.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.320 - Auxiliary Aids and Interpreter Assistance for the Appellant

Current through Register 1525, July 5, 2024
(1) ORI shall inform appellants that, upon reasonable request, it will provide auxiliary aids to appellants who have impaired sensory, manual or speaking skills if the impairment(s) would prevent adequate participation of the appellant at the hearing. ORI shall appoint an interpreter for an appellant who is deaf or hearing-impaired, unless the appellant provides his or her own interpreter or knowingly and voluntarily signs a waiver of interpreter assistance.
(2) ORI shall inform appellants that if their limited English language proficiency prevents them from participating in a hearing an interpreter will be appointed at no cost to them unless they want to bring their own interpreters.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.330 - Case Management Provider Rights and Responsibilities

Current through Register 1525, July 5, 2024
The Case Management Provider shall:
(a) Submit at the hearing all evidence on which any decision at issue is based;
(b) Designate a representative to represent the Case Management Provider at the hearing;
(c) Present witnesses when appropriate;
(d) Insure that the case record is present at the hearing and that the appellant has adequate opportunity to examine it prior to and during the hearing;
(e) Introduce into evidence material from the case record and other pertinent Case Management Provider documents which pertain to the issue raised during the hearing and which are not otherwise confidential;
(f) Present and establish all relevant facts and circumstances by oral testimony and documentary evidence;
(g) Present arguments without undue interference;
(h) Have the right to question and refute any testimony and confront and cross-examine adverse witnesses;
(i) Arrange for the appearance at the hearing of a representative of other agencies, if appropriate.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.400 - Notification of the Right to Request a Hearing

Current through Register 1525, July 5, 2024
(1) At the time of application and of any Case Management Provider action affecting an applicant's or participant's assistance, the agency shall inform the applicant or participant in writing of his or her right to a hearing, of the method for requesting a hearing, and of the right to an authorized representative.
(2) Whenever an applicant or participant disagrees with a Case Management Provider action, the agency shall inform him or her of the right to request a fair hearing. Agency actions include a determination on a claim of exemption from participation under 121 CMR 2.725:
Exemptions from Participation
or a denial of good cause under 121 CMR 2.730:
Good Cause for Failure to Cooperate, Failure to Participate, or Terminating or Refusing Employment or Employment Services
.
(3) The Case Management Provider shall assist the applicant or participant by providing an appeal form and, if requested, by helping with the completion of the form. The Case Management Provider must assure the unrestricted freedom to request a fair hearing.
(4) If there is an individual or organization that provides free legal representation, the Case Management Provider shall inform the applicant or participant requesting a hearing of the possible availability of that service.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.405 - Time Limits for Requesting a Hearing

Current through Register 1525, July 5, 2024
(1) The date of request for a fair hearing is the date on which ORI receives a written statement from the applicant or participant or his or her representative appealing an action or proposed action or failure to act by a Case Management Provider. Receipt by the refugee's Case Management Provider, who shall forward the request to ORI, shall also constitute receipt by ORI.
(2) The request for a fair hearing must be postmarked or delivered to ORI or the refugee's Case Management Provider within the following time limits:
(a) 45 days from the date of official written notice of action by the Case Management Provider.
(b) Unless waived by the ORI Director or his or her designee, 60 days from:
1. The date of application when the Case Management Provider fails to act on an application;
2. The date of request for service when the Case Management Provider fails to act on said request; or
3. The date of Case Management Provider action when the Case Management Provider fails to send official written notice of the action, unless the appellant files an affidavit with the Director of the ORI stating that he or she:
a. Did not know of the right to appeal;
b. Reasonably believed that the problem was being resolved administratively;
c. Was justifiably unaware of the conduct in question; or
d. Was unaware of the action taken.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.410 - Continuation of Benefits Pending Appeal

Current through Register 1525, July 5, 2024
(1) If a refugee requests a hearing within the ten-day timely notice period (postmarked or delivered to ORI or the refugee's Case Management Provider), Refugee Cash Assistance shall not be reduced or terminated until a decision is made after a hearing, unless:
(a) The sole issue is one of state or federal law requiring automatic adjustments for classes of participants and the computation of the grant is not an issue;
(b) A change affecting the participant's grant occurs while the fair hearing decision is pending and the participant fails to request a hearing after notice of the change;
(c) The participant requests that he or she not receive continued assistance pending appeal; or
(d) The reason for termination is the expiration of time eligibility unless there is a factual dispute about the dates of eligibility.
Note
: If there is a dispute regarding date of entry, it shall be resolved by information from the U.S. Citizenship and Immigration Services, rather than fair hearing as specified in 121 CMR 2.655:
End of Time-eligibility Period
.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.415 - Grounds for Appeal

Current through Register 1525, July 5, 2024
Applicants and participants have a right to request a fair hearing in any of the situations described below:
(a) Denial of an application or request for participation in MRRP or a component under MRRP or the right to apply or reapply for participation in MRRP or a component under MRRP;
(b) The failure of a Case Management Provider to give notice in a timely manner of action on an application for MRRP;
(c) A Case Management Provider action concerning the suspension, reduction or termination of assistance of any kind under MRRP;
(d) The failure of the Case Management Provider to give notice in a timely manner of action taken on a request for increased assistance;
(e) Unresolved disputes involving:
1. issues concerning employment or training services, including, but not limited, to the designation of a participant, exemption from participation status, good cause determination;
2. scope and amount of payment; or
3. a decision to recoup an overpayment;
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.420 - Dismissal of Request for a Hearing

Current through Register 1525, July 5, 2024
(1) ORI shall dismiss a request for a hearing when:
(a) The request is not received within the time limits specified in 121 CMR 1.405;
(b) The request is withdrawn in writing by the appellant or his or her authorized representative;
(c) The sole issue is one of state or federal law requiring automatic adjustments for classes of participants and the grant computation is not an issue;
(d) The stated reason for the request is not grounds for appeal as specified in 121 CMR 1.415;
(e) The stated reason for the hearing request is outside the scope of 121 CMR 1.000 as stated in 121 CMR 1.100;
(f) The party requesting the hearing is not an applicant for or a participant in MRRP;
(g) The sole issue is the refugee's date of entry, which determines his or her benefits time eligibility period. The dispute shall be resolved by information from the U.S. Citizenship and Immigration Services, as specified in 121 CMR 2.655:
End of Time-eligibility Period
.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.425 - Adjustment Procedures

Current through Register 1525, July 5, 2024
The Case Management Provider may change its decision prior to a hearing. If the change resolves the issue and the appellant wishes to withdraw his or her appeal, the Case Management Provider shall transmit to ORI the appellant's written withdrawal, which contains the changes, signed by the case manager. ORI shall not delay a fair hearing because a possible adjustment is under consideration unless the appellant requests a delay.
Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 1.000 - Fair Hearings › Section 1.500 - Notification of Hearing

Current through Register 1525, July 5, 2024
(1) The hearing officer shall notify the appellant and the appellant's representative, if any, of the time, date, and place of the hearing. The notice shall be mailed to all parties at least ten days prior to the hearing to permit adequate preparation of the case. However, the appellant or his or her representative may request less advance notice to expedite the scheduling of the hearing.
(2) The notice shall contain the following:
(a) Date, Time and Place of Hearing;
(b)
Contact Person
. The name, address, and phone number of the person to notify if the appellant cannot attend the scheduled hearing and the procedure for requesting a postponement;
(c)
Fair Hearing Procedures
. An explanation of ORI's hearing procedures and any other information which will provide the appellant with an understanding of the proceedings and contribute to the effective presentation of the appellant's case, including the right to counsel or authorized representation at the appellant's expense;
(d)
The Right to Examine the Case File
. A statement that the appellant or representative may examine the case file prior to the hearing;
(e)
Dismissal of Appeal for Failure to Appear
. A statement to the appellant indicating that ORI will dismiss the hearing request if the appellant or his or her representative fails to appear for the hearing without good cause.
(f)
Right to an Interpreter
. A statement that the appellant may bring an interpreter of his or her own choosing to the hearing at her or his cost or have one provided at no cost.