reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 301.00 - Initial Parole Release Hearings; Review Hearings › Section 301.06 - Procedure at Initial Parole Release Hearing and Review Hearings for Inmates Serving Life Sentences

Current through Register 1525, July 5, 2024
(1) For inmates
			 serving sentences with parole eligibility where the maximum term is life, the
			 following comprise the hearing panel:
(a) The
			 full Parole Board membership conducts initial release hearings unless a member
			 is unavailable as provided in M.G.L. c. 127, § 133A. Provided, however,
			 that nothing in these regulations shall prevent the inmate from waiving a full
			 Parole Board hearing. No initial release hearing shall proceed unless a
			 majority of Parole Board members are present. Unless the Chair finds a Parole
			 Board member unavailable under M.G.L. c. 127, § 133A, or otherwise
			 disqualified from hearing the case under
			 120 CMR
			 300.02(4), any Parole Board
			 member who was not present at the public, initial release hearing shall vote
			 after reviewing the video recording and the written record.
(b) The full Parole Board membership conducts
			 review release hearings unless a member is unavailable as provided in M.G.L. c.
			 127, § 133A. Provided, however, that nothing in these regulations shall
			 prevent the inmate from waiving a full Parole Board hearing. No review release
			 hearing shall proceed unless a majority of Parole Board members are present.
			 Unless the Chair finds a Parole Board member unavailable under M.G.L. c. 127,
			 § 133A, or otherwise disqualified from hearing the case under
			 120 CMR
			 300.02(4), any Parole Board
			 member who was not present at the public review release hearing shall vote
			 after reviewing the video recording and the written record.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 301.00 - Initial Parole Release Hearings; Review Hearings › Section 301.07 - Referral to Full Board for Decision

Current through Register 1525, July 5, 2024
By request of one Parole Board member of a hearing panel, any
				case may be referred to the full Parole Board for further action. Such referral
				is only for that decision. Subsequent decisions are made by a parole hearing
				panel unless again referred for full Parole Board consideration, or unless the
				full Parole Board votes to retain jurisdiction over such
				case.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 301.00 - Initial Parole Release Hearings; Review Hearings › Section 301.08 - Reasons for Parole Denial

Current through Register 1525, July 5, 2024
When release on parole is denied, Parole Board members shall
				provide the inmate with a written summary of the reasons supporting the
				decision of the full Parole Board or parole hearing panel. Parole Board members
				shall provide the inmate such written notice within 21 calendar days after a
				decision has been rendered.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 301.00 - Initial Parole Release Hearings; Review Hearings › Section 301.09 - Massachusetts Inmates Incarcerated in the Federal Prison System or in Another State's Prison System

Current through Register 1525, July 5, 2024
(1) Where possible,
			 any inmate serving a Massachusetts sentence in the Federal Prison System or in
			 another state will be transported to Massachusetts to appear before a parole
			 hearing panel for that inmate's initial parole release hearing. Parole Board
			 members may conduct parole hearings using video conferencing.
(2) Inmates serving Massachusetts sentences
			 in the Federal Prison System may submit a request to the Parole Board, at least
			 120 days prior to parole eligibility, that the federal paroling authorities
			 review the inmate's suitability for parole release and submit a written report
			 to the Parole Board for final decision. M.G.L. c. 127, § 134(c).
(3) The Parole Board may request any paroling
			 authority of the state in which an inmate is serving a Massachusetts sentence
			 to conduct a parole hearing and to submit a written report to the Parole Board
			 as to the suitability of that inmate for parole release. In such cases, final
			 decision as to release on parole is made by Parole Board members. M.G.L. c.
			 127, § 134(c).
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 302.00 - Rescission of Parole Date › Section 302.01 - Rescission of Parole Date: General Provisions

Current through Register 1525, July 5, 2024
(1) When the Parole Board members set a
			 parole release date, release on that date is contingent upon continued
			 satisfactory conduct by the inmate and the absence of any new and significant
			 adverse information not known to the parole hearing panel at the time the
			 release decision was made. Where the Parole Board learns of new adverse
			 information, Parole Board members may suspend that inmate's parole date pending
			 investigation by the Parole Board.
(2) Where appropriate after investigation,
			 the Parole Board shall afford that inmate a parole rescission
			 hearing.
(3) Where the sentence is
			 a life sentence, the rescission hearing may be conducted by a panel of Parole
			 Board members but the case must be referred to the full Board for final
			 vote.
(4) Where there are new
			 criminal charges pending against the inmate, there is a strong presumption
			 against release to the community.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 302.00 - Rescission of Parole Date › Section 302.02 - Report to Parole Board Members and Possible Action of Parole Board Members

Current through Register 1525, July 5, 2024
(1) The
			 Institutional Parole Officer will promptly notify the Parole Board members of
			 an inmate's movement to higher security, of any guilty finding of violation of
			 institutional rules by an Institutional Disciplinary Committee, of criminal
			 behavior or new criminal charges, or of other misconduct or adverse information
			 at any time prior to the delivery of the parole permit. The inmate will not be
			 released on parole until the Parole Board members notify the institution that
			 no change was made in the order to parole.
(2) Following receipt of such adverse
			 information, the Parole Board members may defer an inmate's parole release date
			 and schedule a rescission hearing on the next available docket.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 302.00 - Rescission of Parole Date › Section 302.03 - Notice of Rescission Hearing and Alleged Misconduct

Current through Register 1525, July 5, 2024
At least 72 hours prior to a scheduled parole rescission
				hearing, the Parole Board shall deliver to the parolee a written notice of the
				time and place of the rescission hearing, the alleged misconduct, the
				applicable procedural rights and the possible actions which may be taken by the
				Parole Board members.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 302.00 - Rescission of Parole Date › Section 302.04 - Postponement of Rescission Hearing

Current through Register 1525, July 5, 2024
(1) The
			 inmate may request postponement of the rescission hearing until the next
			 available docket for any of the following reasons:
(a) in order to obtain
			 representation;
(b) in order to
			 secure the attendance of witnesses;
(c) in order to properly prepare for the
			 hearing; or
(d) in order to resolve
			 pending criminal or disciplinary charges.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 302.00 - Rescission of Parole Date › Section 302.05 - Waiver of Rescission Hearing

Current through Register 1525, July 5, 2024
(1) An
			 inmate may waive the parole rescission hearing.
(a) Such waiver shall only occur after the
			 inmate receives, in writing, notice of the time and place of the rescission
			 hearing, the allegations of misconduct or new criminal behavior, the due
			 process rights afforded at such hearing, and the possible
			 dispositions.
(b) Such waiver shall
			 be in writing, dated, and witnessed by a parole staff member.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 302.00 - Rescission of Parole Date › Section 302.06 - Discovery of Information and Request for Presence of Adverse Witnesses

Current through Register 1525, July 5, 2024
(1) No fewer than three calendar days prior
			 to a rescission hearing, an inmate may submit a written request to the
			 Institutional Parole Officer for:
(a)
			 disclosure of documents which will be used by the rescission hearing panel at
			 the final rescission hearing; and
(b) attendance of individuals who gave
			 information upon which rescission may be based.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 302.00 - Rescission of Parole Date › Section 302.07 - Evidentiary Process at Rescission Hearing

Current through Register 1525, July 5, 2024
(1) Rescission hearings are conducted by the
			 presenting member of the rescission hearing panel. The presenting member may,
			 if good cause exists, compel the attendance of adverse witnesses, the
			 production of exhibits, and testimony by duly issued summons as provided in
			 M.G.L. c. 233, § 8 and
			 120 CMR
			 300.02:
Parole Hearing
			 Process
.
(2) The strict
			 rules of evidence do not apply to rescission hearings.
(3) The inmate may present witnesses and
			 documentary evidence. However, the presenting member of the rescission hearing
			 panel may limit or exclude any irrelevant or repetitious testimony or
			 documentary evidence. Presence of witnesses at hearings conducted at state or
			 county correctional facilities or jails is subject to the approval and the
			 procedures of the custodial authority.
(4) The rescission hearing panel may take
			 into account any reliable and relevant information available in establishing
			 misconduct, criminal activity, or new and adverse circumstances. If the inmate
			 remains silent, the decision of the rescission hearing panel will be based on
			 the available information. The decision of the rescission hearing panel is
			 based on a preponderance of the evidence.
See
120 CMR
			 100.00:
Definitions
.
(a) The rescission hearing panel makes an
			 independent inquiry into all alleged misconduct notwithstanding any previous
			 action by any agency or judicial body.
(b) In the case of allegations of new
			 criminal conduct, the rescission hearing panel may consider documentary
			 evidence, written testimony, or both presented by the inmate, arresting
			 authorities, or other persons.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 302.00 - Rescission of Parole Date › Section 302.08 - Procedure at Rescission Hearing

Current through Register 1525, July 5, 2024
(1) The
			 Parole Board shall audio record all rescission hearings. At any time during the
			 hearing, the rescission hearing panel may request that the inmate or
			 representative leave the hearing room so that the panel may convene privately
			 to discuss any point of law or fact. Likewise, the inmate and representative
			 may request a recess in the hearing for conference.
(2) Rescission hearings are conducted
			 according to the following procedures:
(a)
			 The presenting member of the rescission hearing panel shall ascertain the
			 identity of the inmate and whether written notice of charges was
			 received.
(b) If the inmate is
			 represented, the presenting member of the rescission hearing panel shall
			 ascertain the name, address, and telephone number of the
			 representative.
(c) The presenting
			 member of the rescission hearing panel shall read or summarize from the written
			 notice each charge asking that the inmate either "admit" or "deny" the
			 charge.
(d) The presenting member
			 shall ask the inmate for factual information regarding each charge including
			 information in mitigation of the charges. Members of the rescission hearing
			 panel may question the inmate regarding such information. The focus of the
			 colloquy will be on the behavior of the inmate and on relevant information
			 contained in, but not limited to, the inmate's institutional file, police
			 reports, drug analysis reports, and confidential documentation or
			 information.
(e) The inmate may
			 present voluntary witnesses. The inmate may not compel the appearance of any
			 witnesses. The presenting member may question any voluntary witnesses and, when
			 concluded, permit other members of the rescission hearing panel to question
			 such witnesses.
(f) The rescission
			 hearing panel shall examine any adverse witnesses and shall permit the inmate
			 or representative to cross examine the adverse witnesses, unless there is good
			 cause for not allowing confrontation.
(g) The presenting member shall ascertain
			 whether the other members of the rescission hearing panel wish to question
			 further the inmate and shall allow such questioning.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 302.00 - Rescission of Parole Date › Section 302.09 - Rescission Decisions

Current through Register 1525, July 5, 2024
(1) In cases
			 involving individuals serving non-life sentences with parole eligibility:
(a) At the conclusion of the hearing, the
			 inmate and representative shall leave the hearing room and the rescission
			 hearing panel shall make its decision in private. This decision making process
			 will not be recorded.
(b) After a
			 decision is made, the rescission hearing panel will call the inmate and
			 representative back onto the room, at which time the presenting member shall
			 inform the inmate of the decision as follows:
1. Whether a violation occurred as to each
			 charge;
2. Whether parole should be
			 rescinded or whether a new parole date is warranted;
3. Whether to modify the conditions of
			 release.
(c) The
			 presenting member shall advise the inmate of the right to seek administrative
			 appeal and/or reconsideration under
			 120 CMR 304.00:
Appeal and Reconsideration
.
(d) At the conclusion of the hearing, the
			 presenting member shall prepare a vote sheet which will contain the final vote
			 of each member of the panel and the reasons for the decision.
(e) When the hearing panel does not vote to
			 rescind the parole release date, the decision will be executed forthwith. In
			 addition, Parole Board members may, where appropriate, issue a warning and/or
			 modify the conditions of release.
(f) Where the hearing panel votes to rescind
			 a parole date and refuses to grant another release date, the case shall be
			 placed back on the docket for a regularly scheduled review hearing, pursuant to
			 120
			 CMR 301.01:
Scheduling of Initial
			 Parole Release Hearing and Subsequent Review Hearings
. The time period
			 for the next review hearing is calculated from the date of the rescission
			 hearing and decision.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 302.00 - Rescission of Parole Date › Section 302.10 - Notice of Decision to Parolee after Rescission Hearing

Current through Register 1525, July 5, 2024
(1) In cases involving individuals serving
			 non-life sentences with parole eligibility:
(a) Where rescission of parole is affirmed
			 after the rescission hearing and the individual has received verbal
			 notification by the hearing panel, the Parole Board shall provide the inmate
			 such written notice within 21 calendar days after the decision is rendered. The
			 written notice of decision shall include a summary of the reasons
			 therefor.
(b) Where a parole date
			 is not rescinded after the rescission hearing and the individual has received
			 verbal notification by the hearing panel, the Parole Board shall provide the
			 inmate with a written summary of the reasons supporting the decision and any
			 special conditions of release. The Parole Board shall provide the inmate such
			 written notice within 21 calendar days after the decision is rendered, or as
			 soon as possible after the decision if such release will occur within 21 days
			 after the decision.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.01 - Revocation of Parole: General Provisions

Current through Register 1525, July 5, 2024
(1) Parole Board members may revoke a parole
			 permit. Parole may be revoked where the parolee is alleged to have engaged in
			 criminal behavior or is about to do so, has violated one or more conditions of
			 parole, or has failed to comply with parole officer requests. Parole Board
			 members may also revoke a parole permit if they determine that such permit was
			 issued, in whole or in part, as the result of false or fraudulent information
			 provided by or on behalf of an inmate or parolee to the Parole Board.
(2) Revocation of parole status and further
			 imprisonment shall occur after consideration of less severe sanctions and
			 alternatives to confinement.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.02 - Parole Violation Report

Current through Register 1525, July 5, 2024
When a parolee is alleged to have violated one or more
				conditions of parole, a parole officer, after review by a parole supervisor or
				other superior officer, may submit, in accordance with Parole Board policies, a
				parole violation report to members of the Parole Board.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.03 - Summons to Appear for Preliminary Parole Revocation Hearing in the Community

Current through Register 1525, July 5, 2024
If a parolee is alleged to have violated the conditions of
				parole, and satisfactory evidence thereof is presented in a parole violation
				report, Parole Board members, a parole supervisor, or other superior officer
				may authorize a preliminary revocation hearing to be held in the community. In
				such circumstances, written notice of the date, time, place of the hearing, and
				the charges of alleged parole violations is given to the parolee at least 48
				hours prior to the hearing, as provided in
				120 CMR
				303.06.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.04 - Issuance of Warrant for Temporary Custody (Detainer)

Current through Register 1525, July 5, 2024
(1) If a parole officer has reasonable belief
			 that a parolee: engaged or is about to engage in criminal ways; or has
			 associated or is about to associate with criminal company; or has violated the
			 conditions of his or her parole; the parole officer, with the consent of a
			 parole supervisor or other superior officer, may issue a warrant for the
			 temporary custody of the parolee. M.G.L. c. 127, § 149A;
			 120 CMR
			 100.00:
Definitions
.
(2) A warrant for temporary custody
			 authorizes the detention of the parolee named therein for a period no longer
			 than 15 days. The issuance of a warrant for temporary custody does not
			 interrupt the sentence.
(3) When a
			 preliminary revocation hearing is postponed as provided in
			 120 CMR
			 303.07, the Chair of the Parole Board or a
			 Parole Board member designated by the Chair may authorize the issuance of a
			 subsequent warrant for temporary custody for not longer than an additional 15
			 days.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.05 - Scheduling of Preliminary Revocation Hearing

Current through Register 1525, July 5, 2024
(1) Within 15 days after service of a warrant
			 for temporary custody or the lodging thereof as a detainer, the Parole Board
			 shall afford the parolee a preliminary revocation hearing, unless otherwise
			 postponed under
			 120 CMR
			 303.07 or waived under
			 120 CMR
			 303.08, or unless no preliminary hearing is
			 required by law.
See
120 CMR
			 303.09. The time limitations contained in 120
			 CMR 303.05 will apply to parolees incarcerated outside of
			 Massachusetts.
(2) The preliminary
			 revocation hearing is held at the place of incarceration or in the community as
			 provided by
			 120
			 CMR 303.03.
(3) Where the parolee is not incarcerated the
			 preliminary parole revocation hearing is held at the time and place indicated
			 on the hearing notice issued pursuant to
			 120
			 CMR 303.03. Where the parolee fails to
			 appear, the parole officer will file a supplemental parole violation report
			 charging the parolee with failing to obey a direct order of the Parole Board
			 and with absconding from supervision if such further charges are warranted
			 after investigation.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.06 - Notice of Preliminary Revocation Hearing and Charges

Current through Register 1525, July 5, 2024
At least 48 hours prior to a scheduled preliminary parole
				revocation hearing, the Parole Board shall deliver to the parolee a written
				notice of the time and place of such preliminary revocation hearing, a list of
				charges against the parolee, the applicable procedural rights, and the possible
				actions which may be taken by the Parole Board.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.07 - Postponement of Preliminary Revocation Hearing

Current through Register 1525, July 5, 2024
(1) A parolee may request postponement of the
			 preliminary parole revocation hearing. Such postponement request may be made
			 prior to or at the beginning of the preliminary revocation hearing.
(2) The hearing examiner may postpone the
			 preliminary parole revocation hearing for reasons including, but not limited
			 to:
(a) in order for the parolee to obtain
			 representation by an attorney;
(b)
			 in order for the parolee to arrange for the attendance of witnesses;
(c) the parolee did not receive proper
			 notice;
(d) the hearing examiner
			 has insufficient information upon which to conduct a meaningful
			 hearing;
(e) to obtain the services
			 of an interpreter; or
(f) the
			 parolee is committed to a facility for mental health treatment or for
			 detoxification. A commitment to such a facility interrupts the running of a
			 warrant for temporary custody of a parolee issued under M.G.L. c. 127, §
			 149A.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.08 - Waiver of Preliminary Revocation Hearing

Current through Register 1525, July 5, 2024
(1) A parolee may waive the preliminary
			 revocation hearing.
(a) Such waiver will only
			 occur after the parolee receives, in writing, notice of the time and place of
			 the preliminary revocation hearing, the charges of alleged parole violation,
			 the due process rights afforded at such hearing, and the possible
			 dispositions.
(b) Such waiver will
			 be in writing, dated, and witnessed by a parole staff member.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.09 - Substitutions for Preliminary Revocation Hearing

Current through Register 1525, July 5, 2024
The following constitute valid substitutions for a preliminary
				revocation hearing: conviction for a criminal offense; a finding by the court
				of sufficient facts to enter a guilty finding; a probable cause finding after a
				hearing pursuant to M.G.L. c. 276, § 38 and Mass. R. Crim. P. 3; a grand
				jury indictment; or a finding of preliminary or final violation of probation.
				In such circumstances, or where there is reliable evidence that the parolee has
				absconded from supervision, if a single Parole Board member has reasonable
				belief that one or more conditions of parole were violated, they may issue a
				parole violation warrant as provided in
				120 CMR
				303.14.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.10 - Evidentiary Process at Preliminary Revocation Hearing

Current through Register 1525, July 5, 2024
(1) Preliminary revocation hearings are
			 conducted by a hearing examiner or other official designated by the Chair of
			 the Parole Board. The person conducting the preliminary hearing may not have
			 been connected with supervising the parolee, authorizing any warrant, or
			 otherwise directly involved with the case.
(2) The rules of evidence which govern in
			 judicial proceedings do not apply to preliminary revocation hearings. The
			 hearing examiner may consider any available, reliable, and relevant information
			 in making a recommendation to the Parole Board members. If the parolee remains
			 silent, the recommendation of the examiner is made on the available
			 information.
(3) The hearing
			 examiner shall disclose to the parolee all evidence upon which the examiner's
			 recommendation may be based unless such information is classified as
			 confidential, then disclosure will be in summary form.
See
120 CMR 500.00:
Dissemination of CORI, Evaluative Information, and Intelligence
			 Information
.
(4) The
			 parolee may present witnesses and documentary evidence. However, the hearing
			 examiner may limit or exclude any irrelevant or repetitious evidence.
(5) The parolee may request that the hearing
			 examiner obtain the presence of persons who have given information upon which
			 revocation may be based. The hearing examiner shall request the attendance of
			 such adverse witnesses at the preliminary parole revocation hearing unless the
			 parolee admits a violation of any condition, the parolee was convicted of new
			 offense while on parole supervision or the hearing examiner finds good cause
			 for the witness' non-attendance. As provided in M.G.L. c. 233, § 8, a
			 subpoena may issue for the appearance of adverse witnesses or the production of
			 documents.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.11 - Procedure at Preliminary Revocation Hearing

Current through Register 1525, July 5, 2024
(1) At the beginning of the preliminary
			 revocation hearing, the hearing examiner shall ascertain that the parolee
			 received adequate and timely written notice of the preliminary revocation
			 hearing as required by
			 120 CMR
			 303.06.
(2) The hearing examiner shall advise the
			 parolee of the following:
(a) the parolee may
			 have the preliminary revocation hearing postponed in order to obtain
			 representation by an attorney or arrange for the attendance of witnesses;
			 and
(b) the parolee may request the
			 presence of persons who have given information upon which revocation of parole
			 may be based.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.12 - Recommendation of Hearing Examiner after Preliminary Revocation Hearing; Decision of Parole Board Members

Current through Register 1525, July 5, 2024
(1) The hearing
			 examiner shall prepare a summary of what occurred at the preliminary revocation
			 hearing. The summary shall contain the substance of the responses of the
			 parolee and the documents or evidence given in support of parole revocation and
			 of the parolee's position.
(2)
			 Based on the information before the hearing examiner, the hearing examiner
			 shall submit a recommended decision to the Parole Board member(s). The
			 recommendation will contain the following:
(a)
			 as to each charge of alleged violations of a condition of parole, an evaluation
			 of whether there exists reasonable grounds to believe that a violation
			 occurred; and
(b) upon the entire
			 record, whether there is probable cause to provisionally revoke parole and hold
			 the parolee in custody pending the result of a final revocation
			 hearing.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.13 - Notice of Decision to Parolee after Preliminary Revocation Hearing

Current through Register 1525, July 5, 2024
After a preliminary revocation hearing, the Parole Board shall
				provide the parolee with written notice of the final decision within 21
				calendar days after a decision has been rendered.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.14 - Issuance of Parole Violation Warrant

Current through Register 1525, July 5, 2024
(1) A parole violation warrant ordering
			 imprisonment of a parolee may issue upon a finding that probable cause exists
			 to believe the parolee has violated one or more conditions of parole. Service
			 of the sentence ceases upon the issuance of a parole violation warrant. M.G.L.
			 c. 127, § 149.
(a) After a preliminary
			 revocation hearing, Parole Board members may find that probable cause exists to
			 believe that one or more conditions of parole were violated, and that good
			 cause exists to hold the parolee in custody pending further revocation
			 proceedings.
(b) The following
			 establish probable cause to believe that a parolee has violated one or more
			 conditions of parole: a criminal conviction; a finding by the court of
			 sufficient facts to enter a guilty finding; a probable cause finding after a
			 hearing pursuant to M.G.L. c. 278, § 38 and Mass. R. Crim. P. 3; an
			 indictment; or a showing of reasonable grounds to believe that a parolee has
			 absconded from supervision.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.15 - Withdrawal, Service, or Vacating of the Parole Violation Warrant

Current through Register 1525, July 5, 2024
(1) Parole Board members may withdraw a
			 parole violation warrant at any time prior to the service thereof. M.G.L. c.
			 127, § 149.
(a) A parole violation
			 warrant may be withdrawn by a majority of the Parole Board members upon an
			 office vote or, after a hearing, by a majority of the revocation hearing
			 panel.
(b) Where the parole
			 violation warrant is withdrawn, the time between the day after the issuance of
			 the parole violation warrant until the withdrawal of said warrant is not
			 considered as any part of the term of the underlying sentence being served on
			 parole.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.16 - Final Revocation Hearing: General Provisions

Current through Register 1525, July 5, 2024
(1) The purpose of the final revocation
			 hearing is to determine, whether the parolee violated one or more conditions of
			 parole; if a violation occurred, whether parole status should be finally
			 revoked; and, if parole status is revoked, whether release to the community is
			 appropriate.
(2) Where the sentence
			 is a life sentence, the final revocation hearing may be conducted by a panel of
			 Parole Board members, but the case must be referred to the full Board for final
			 vote.
(3) Where the sentence is a
			 state prison sentence, the final revocation hearing is conducted by a panel of
			 Parole Board members.
(4) Where the
			 sentence is a house of correction sentence, the final revocation hearing is
			 conducted by Parole Board members or another designee pursuant to M.G.L. c.
			 127, § 134(b).
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.17 - Scheduling of Final Revocation Hearing

Current through Register 1525, July 5, 2024
(1) The Parole Board shall schedule the final
			 revocation hearing within approximately 60 days from the date of service of the
			 parole violation warrant issued pursuant to M.G.L. c. 127, §
			 149.
(2) If a parolee is serving an
			 intervening sentence, the Parole Board shall schedule the final parole
			 revocation hearing at the same time as the initial parole release hearing for
			 that intervening sentence, unless Parole Board members choose, to conduct a
			 revocation hearing at an earlier time.
(3) If a parolee requests and receives
			 postponement, as provided in
			 120 CMR
			 303.19, if the parole hearing panel postpones
			 the hearing as provided in
			 120 CMR
			 303.19, or if a parolee's actions otherwise
			 preclude the prompt conduct of such proceedings, Parole Board members may
			 extend the time period stated in 120 CMR 303.17(1).
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.18 - Notice of Charges to Parolee

Current through Register 1525, July 5, 2024
At least 72 hours prior to a scheduled final revocation
				hearing, the parolee shall receive a written notice of the time and place of
				the hearing, a list of charges against the parolee, the applicable procedural
				rights and the possible actions which may be taken by the Parole Board
				members.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.19 - Postponement of Final Revocation Hearing

Current through Register 1525, July 5, 2024
(1) The parolee may request postponement of
			 the final revocation hearing until the next available docket for reasons
			 including, but not limited to:
(a) in order
			 to obtain representation;
(b) in
			 order that necessary witnesses may attend;
(c) in order to properly prepare for the
			 hearing; or
(d) in order to resolve
			 pending criminal or disciplinary charges.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.20 - Waiver of the Final Revocation Hearing

Current through Register 1525, July 5, 2024
(1) A parolee may waive the final revocation
			 hearing.
(a) Such waiver shall only occur
			 after the parolee receives, in writing, notice of the time and place of the
			 final revocation hearing, the charge of the alleged parole violation, the due
			 process rights afforded at such hearing, and the possible
			 dispositions.
(b) Such waiver shall
			 be in writing, dated, and witnessed by a parole staff member.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.21 - Disclosure of Information and Request for Presence of Adverse Witnesses

Current through Register 1525, July 5, 2024
(1) Prior to a final revocation hearing, a
			 parolee may make a written request to the Institutional Parole Officer for:
(a) disclosure of documents which will be
			 used by the parole hearing panel at the final parole revocation; and
(b) attendance of individuals who gave
			 information upon which revocation may be based.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.22 - Evidentiary Process at Final Revocation Hearing

Current through Register 1525, July 5, 2024
(1) The final revocation hearing is conducted
			 by the presenting member of the revocation hearing panel. The presenting member
			 may compel the attendance of witnesses, the production of exhibits, and
			 testimony by duly issued summons as provided in M.G.L. c 233, §
			 8.
(2) The strict rules of evidence
			 do not apply at final revocation hearings. The parolee may present witnesses
			 and documentary evidence. However, the presenting member of the revocation
			 hearing panel may limit or exclude any irrelevant or repetitious testimony or
			 documentary evidence.
(3) The
			 revocation hearing panel may take into account any reliable and relevant
			 information available to it in establishing a violation of any parole
			 condition. If the parolee remains silent, the revocation hearing panel bases
			 its decision on the available evidence.
(4) The decision of the revocation hearing
			 panel or full Board is based on a preponderance of the evidence.
See
120 CMR
			 100.00:
Definitions
.
(5) Adverse witnesses who are present shall
			 be available for questioning and cross examination in the presence of the
			 parolee, unless the panel finds good cause to disallow cross
			 examination.
(6) At the final
			 revocation hearing, the revocation hearing panel shall disclose to the parolee
			 all evidence upon which it may base a finding of violation of one or more
			 conditions of parole.
(a) The revocation
			 hearing panel may disclose documentary evidence by permitting the parolee to
			 examine the document during the hearing, or where appropriate, by reading or
			 summarizing the document or portions thereof in the presence of the
			 parolee.
(b) If the panel
			 determines for good cause that certain information should not be disclosed to
			 the parolee pursuant to
			 120 CMR 500.00:
Dissemination of CORI, Evaluative Information, and Intelligence
			 Information
, that information will be disclosed in a summary manner.
			 Information that is not disclosed in some manner to the parolee may not be used
			 by the panel in making its decision.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.23 - Procedure at Final Revocation Hearing

Current through Register 1525, July 5, 2024
(1) The Parole Board shall audio record all
			 final revocation hearings. At any time during the final parole revocation
			 hearing, the revocation hearing panel may request that the parolee or
			 representative leave the hearing room so that the panel may convene privately
			 to discuss any point of law or fact. Likewise, the parolee and representative
			 may request a recess in the hearing for conference.
(2) Final revocation hearing are conducted
			 according to the following procedures:
(a)
			 The presenting member of the revocation hearing panel shall ascertain the
			 identity of the parolee and ascertain whether written notice of charges was
			 received.
(b) If the parolee is
			 represented, the presenting member of the revocation hearing panel shall
			 ascertain the name, address, and telephone number of the
			 representative.
(c) The presenting
			 member of the revocation hearing panel shall read or summarize from the written
			 notice each charge asking that the parolee either "admit" or "deny" the
			 charge.
(d) The panel shall ask the
			 parolee for factual information regarding each alleged violation including
			 information in mitigation of the charges.
(e) The parolee may present voluntary
			 witnesses. Members of the panel may question any voluntary witnesses.
(f) Members of the revocation hearing panel
			 shall examine any adverse witnesses and shall permit the parolee or
			 representative to cross-examine the adverse witnesses unless the panel finds
			 good cause for not allowing cross-examination.
(g) Members of the panel shall review all
			 relevant information regarding the parolee's suitability to be returned to
			 parole supervision including, but not limited: to the parolee's institutional
			 conduct since returning to prison as an alleged parole violator, criminal
			 history; home situation; reports of physical, medical, mental, or psychiatric
			 examinations; any pending criminal cases; any outstanding domestic restraining
			 orders; reports of parole staff; and any other information provided by the
			 custodial authority.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.24 - Revocation Decision

Current through Register 1525, July 5, 2024
(1) In cases
			 involving individuals serving non-life sentences with parole eligibility:
(a) At the conclusion of the hearing, the
			 parolee and representative shall leave the hearing room and the revocation
			 hearing panel shall make its decision in private. This decision making process
			 will not be recorded.
(b) After a
			 decision is made, the revocation hearing panel will call the parolee and
			 representative back into the hearing room, at which time the presenting member
			 shall inform the parolee of the decision as follows:
1. Whether a violation occurred as to each
			 charge;
2. Whether parole status
			 should be revoked or whether reparole is warranted.
(c) The presenting member shall advise the
			 parolee of the right to seek administrative appeal and/or reconsideration under
			 120 CMR 304.00:
Appeal and Reconsideration
.
(d) At the conclusion of the hearing, the
			 presenting member shall prepare a vote sheet which will contain the final vote
			 of each member of the panel and the reasons for the decision.
(e) When the revocation hearing panel does
			 not find, by a preponderance of the evidence, that the parolee violated any
			 condition of parole, Parole Board members shall restore the parolee to
			 supervision within 24 hours. However, the Parole Board may delay release of the
			 parolee if necessary to assure that the parolee has an approved home plan or to
			 notify a crime victim or a CORI-registered individual.
See
120 CMR
			 500.04:
Dissemination of CORI to
			 Registered Individuals
. Where appropriate, the Parole Board members
			 may modify the previous conditions of release.
(f) When the revocation hearing panel finds,
			 by a preponderance of the evidence, that the parolee violated a condition of
			 parole, the Parole Board members shall affirm the revocation of parole and may
			 take any of the following actions:
1. set a
			 reparole date, in accordance with
			 120 CMR
			 401.05:
Notification of
			 Decision
, which may be subject to the fulfillment of certain
			 conditions, such as obtaining approved home, work or treatment; or
2. deny reparole and the case shall be placed
			 back on the docket for a regularly scheduled review hearing, pursuant to
			 120
			 CMR 301.01:
Scheduling of Initial
			 Parole Release Hearing and Subsequent Review Hearings
. The time period
			 for the next hearing is calculated from the date of the final revocation
			 hearing and decision.
(g) Where there are criminal charges pending
			 against the parolee, there is a strong presumption against reparole.
(h) Where criminal charges are resolved with
			 a finding of not guilty, Parole Board members may revoke parole if, upon
			 reviewing the facts, they determine by a preponderance of the evidence that the
			 parolee has violated a condition of parole.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 303.00 - Revocation of Parole › Section 303.25 - Notice of Decision to Parolee after Final Revocation Hearing

Current through Register 1525, July 5, 2024
(1) In cases involving individuals serving
			 non-life sentences with parole eligibility:
(a) Where revocation of parole is affirmed
			 after the final revocation hearing and the individual has received verbal
			 notification by the hearing panel, the Parole Board shall provide the inmate
			 such written notice within 21 calendar days after the decision is rendered. The
			 written notice of decision shall include a summary of the reasons
			 therefor.
(b) Where release on
			 parole is granted after the final revocation hearing, and the individual has
			 received verbal notification by the hearing panel, the Parole Board shall
			 provide the inmate with a written summary of the reasons supporting the
			 decision and any special conditions of release. The Parole Board shall provide
			 the inmate such written notice within 21 calendar days after the decision is
			 rendered or as soon as possible after the decision if such release will occur
			 within 21 days after the decision.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 304.00 - Appeal and Reconsideration Process: General Provisions › Section 304.01 - Appeal and Reconsideration Process

Current through Register 1525, July 5, 2024
(1) An
			 inmate may submit an appeal from an adverse parole release, rescission, or
			 revocation decision to the Institutional Parole Officer for consideration by
			 the hearing panel that rendered the decision. The appropriate bases for appeal
			 are limited to those listed in
			 120 CMR
			 304.02(3).
(2) An inmate may submit a request for
			 reconsideration of an adverse parole release, rescession, or revocation
			 decision to the Institutional Parole Officer for consideration by the hearing
			 panel that rendered the decision. The appropriate basis for reconsideration are
			 limited to those listed in
			 120 CMR
			 304.03(1).
(3) An inmate who submits an appeal from an
			 adverse decision pursuant to
			 120 CMR
			 304.02 may at the same time also petition for
			 reconsideration pursuant to
			 120 CMR
			 304.03.
(4) An inmate may only submit one appeal
			 and/or petition for reconsideration during the 12 months following an adverse
			 parole release, rescission, or revocation decision by a hearing panel. However,
			 nothing contained in
			 120 CMR 304.00 shall
			 prohibit the full Parole Board or a hearing panel from reconsidering a decision
			 on its own initiative.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 304.00 - Appeal and Reconsideration Process: General Provisions › Section 304.02 - Appeal of Decision of Hearing Panel

Current through Register 1525, July 5, 2024
(1) An inmate may appeal a decision of a
			 parole hearing panel to deny, rescind or revoke parole. An inmate may also
			 appeal the grant of parole when such release is granted on a date other than
			 the initial parole eligibility date, and/or the imposition of special
			 conditions of parole. Any appeal must be made in writing and within 30 days of
			 the subject's receipt of written notice of the decision.
(a) Where the hearing panel was made up
			 entirely of Parole Board members, these same members shall vote on the appeal
			 unless the members are unavailable or disqualified. As needed, additional
			 Parole Board members will be asked to vote until at least two Parole Board
			 members agree on the appeal decision.
(b) Where the hearing panel was composed of
			 one or more hearing examiners and reviewed by a single Parole Board member, the
			 hearing examiner(s) and the Parole Board member shall vote on the appeal. If
			 there is unanimity on the vote, that vote shall be the final decision of the
			 appeal hearing panel. If there is no unanimity, then other Parole Board members
			 shall be asked to vote in succession on the appeal. When two Parole Board
			 members agree, their vote shall determine the decision on the appeal.
(c) The appeals panel may render its decision
			 without conducting a hearing on the appeal.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 304.00 - Appeal and Reconsideration Process: General Provisions › Section 304.03 - Reconsideration of Decision of Parole Board Members

Current through Register 1525, July 5, 2024
(1) An inmate may petition a hearing panel,
			 in writing, for reconsideration of a decision to deny, rescind, or revoke
			 parole, or to grant parole subject to special conditions. Such petition may not
			 be submitted earlier than 90 days after the date the inmate receives
			 notification of the hearing panel decision, except when such petition is
			 submitted at the same time as an appeal pursuant to
			 120 CMR
			 304.02. The petition for reconsideration must
			 state specific facts which justify reconsideration based on one or more of the
			 following grounds:
(a) There is a material
			 change in personal or other circumstances which requires a different
			 decision.
(b) The tasks mandated by
			 the parole hearing panel have been accomplished.
(c) Especially mitigating circumstances
			 justify a different decision.
(d)
			 There are compelling reasons why a more lenient decision should be
			 rendered.