reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 119 CMR - SOLDIERS' HOME IN HOLYOKE › Title 119 CMR 1.00 - Criminal Offender Record Checks › Section 1.03 - Scope

Current through Register 1525, July 5, 2024
119 CMR 1.00 applies to applicants for positions which entail potential unsupervised contact in SHH funded or operated programs that provide people with SHH services, including volunteers and trainees. At the discretion of the hiring authority, the scope of 119 CMR 1.00 may be expanded to include volunteers, interns, students or other persons regularly offering support to any program or facility in either a paid or unpaid capacity whose services do not entail the potential for unsupervised client contact, upon appropriate certification by the CHSB.
Code of Massachusetts Regulations › 119 CMR - SOLDIERS' HOME IN HOLYOKE › Title 119 CMR 1.00 - Criminal Offender Record Checks › Section 1.05 - Applicant Disclosure of Criminal Record Information

Current through Register 1525, July 5, 2024
All applicants for a position with SHH or a vendor agency program shall complete an application form that contains a section requiring the applicant to disclose whether or not he/she has a criminal record and what crimes, if any, he or she has been convicted of, consistent with MGL c.151B, § 4, para 9. The application shall not require an applicant to disclose:
(a) an arrest, detention, or disposition regarding any violation of law in which no conviction resulted; or
(b) a first conviction for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace; or
(c) any conviction of a misdemeanor where the date of such conviction or the completion of any period of incarceration resulting there from, whichever date is later, occurred five or more years prior to the date of such application for employment or such request for information, unless such person has been convicted of any offense within five years immediately preceding the date of such application for employment or such request for information. No application for employment shall be considered complete unless the applicant completes this section.
Code of Massachusetts Regulations › 119 CMR - SOLDIERS' HOME IN HOLYOKE › Title 119 CMR 1.00 - Criminal Offender Record Checks › Section 1.06 - Community Service and Work Release Workers

Current through Register 1525, July 5, 2024
Any ESHH or vendor agency that participates in either a criminal justice related community service program or a work release program shall require all individuals who participate to disclose his/her criminal record in conformance with 119 CMR 1.05 on a form signed by the candidates criminal justice official. In addition, as a condition of participation, the candidate's criminal justice official must conclude in writing that the individual will not pose an unacceptable risk of harm to SHH clients, or the community service program or work release program will take responsibility for providing supervision for the individual at all times.
Code of Massachusetts Regulations › 119 CMR - SOLDIERS' HOME IN HOLYOKE › Title 119 CMR 1.00 - Criminal Offender Record Checks › Section 1.07 - Hiring Authority Responsibilities

Current through Register 1525, July 5, 2024
(1) The hiring authority shall ensure that each applicant provides consent to a CORI investigation as part of his/her application, and to the periodic conduct of further CORI investigations during the course of employment with SHH or the vendor agency program. The hiring authority shall also inform the applicant that his or her CORI may be utilized by the criminal justice official or qualified mental health professional conducting themselves in conformance with 119 CMR 1.06, 1.10 and 1.11 and SHH personnel responsible for carrying out the provisions of 119 CMR 1.11, 1.13 and 1.14. Such consent and notification shall be included in the hiring authority's employment application form.
(2) The hiring authority shall require, as a condition of an offer of a position, the completion of the CORI investigation. The hiring authority shall confirm an offer of a position only after the hiring authority receives written confirmation that the criminal record investigation has resulted in a finding of "no record" or until the hiring authority has complied with the requirements of 119 CMR 1.08, 1.09, 1.10 and 1.11.
(3) The hiring authority shall not permit any candidate to commence employment or volunteer service until after the candidate is cleared as a result of the CORI investigation in accordance with 119 CMR 1.00.
Code of Massachusetts Regulations › 119 CMR - SOLDIERS' HOME IN HOLYOKE › Title 119 CMR 1.00 - Criminal Offender Record Checks › Section 1.08 - CORI Investigations

Current through Register 1525, July 5, 2024
(1) All applicants shall complete a CORI Supplement form.
(2) After the hiring authority makes a conditional offer of a position to an individual, subject to consideration of any criminal record, the completed CORI Supplement (authorization) form or electronic equivalent shall be sent to the CHSB SHH CORI Unit, in accordance with the policies of the CHSB.
(3) All CORI investigations that result in a finding of "no record" shall be transmitted back to the hiring authority and shall be sufficient evidence of suitability for hire for 60 business days. A "no record" finding may be valid for consideration for other positions during such 60 days.
(4) All CORI investigations that show findings of criminal records shall be sent immediately to the hiring authority for review and action consistent with 119 CMR 1.00.
Code of Massachusetts Regulations › 119 CMR - SOLDIERS' HOME IN HOLYOKE › Title 119 CMR 1.00 - Criminal Offender Record Checks › Section 1.09 - Findings from CORI Investigations

Current through Register 1525, July 5, 2024
(1) If the CORI investigation reveals a finding of "no record," such finding shall be documented in the candidate's file.
(2) If the CORI investigation reveals:
(a) a "lifetime presumptive disqualification" on the candidate's record, SHH as specified in 1191 CMR 1.10 the candidate shall be informed by the hiring authority that he or she is ineligible for any position in a SHH funded or operated program where there is potential unsupervised contact with persons applying for or receiving services, unless the provisions of 119 CMR 1.11 are complied with.
(b) a crime that is a "discretionary disqualification" on the candidate's record, the candidate shall be informed by the hiring authority that he or she is ineligible for any position in an SHH funded or operated program where there is potential
Code of Massachusetts Regulations › 119 CMR - SOLDIERS' HOME IN HOLYOKE › Title 119 CMR 1.00 - Criminal Offender Record Checks › Section 1.10 - Disqualifications

Current through Register 1525, July 5, 2024
(1)
Lifetime Presumptive Disqualification
. A candidate shall be ineligible for a position in a SHH funded or operated program which entails potential unsupervised contact with persons receiving services if he or she has been convicted of any of the crimes listed in 119 CMR 1.16:
Table A
, or has any pending charges involving crimes in 119 CMR 1.16:
Table A
unless:
(a)
1. the candidate's criminal justice official concludes in writing that the candidate, within the position sought in a SHH or the vendor agency program, does not pose an unacceptable risk of harm to the persons served by the program; or
2. if the candidate's criminal justice official has been determined by the hiring authority to be unavailable or has indicated to the hiring authority that she has insufficient information to render an assessment, then the hiring authority shall, at the candidate's request, seek an assessment (the cost of which shall be borne by the hiring authority) of the candidate's risk of harm from a qualified mental health professional and the qualified mental health professional concludes in writing that the candidate, within the position sought in an SHH funded or operated program, does not pose an unacceptable risk of harm to the persons served by the program; and
Code of Massachusetts Regulations › 119 CMR - SOLDIERS' HOME IN HOLYOKE › Title 119 CMR 1.00 - Criminal Offender Record Checks › Section 1.11 - Provisions for Review of a Candidate in any Disqualification Category

Current through Register 1525, July 5, 2024
(1) Each candidate for whom the CORI investigation reveals a "lifetime presumptive disqualification", who has otherwise met the requirements for further consideration set forth in 119 CMR 1.10, or a "discretionary disqualification" shall, unless the hiring authority has decided to withdraw the conditional offer of a position, receive additional review by the hiring authority to determine if the candidate poses an unacceptable risk of harm to the persons served by the program within the position sought. In reviewing the candidate's appropriateness for employment given the concern for client safety, due weight shall be given to the following factors:
(a) Time since the conviction;
(b) Age of the candidate at the time of the offense;
(c) Seriousness and specific circumstances of the offense;
(d) The nature of the work to be performed;
(e) The number of offenses;
(f) Any relevant evidence of rehabilitation or lack thereof;
(g) Any other relevant information, including information submitted by the candidate or requested by the hiring authority.
Information considered pursuant to 119 CMR 1.1 1(1)(g) may include documentation from the candidate's criminal justice official, if not already supplied pursuant to 119 CMR 1.10(1), treating professional, or other knowledgeable source, such as the police, courts, or prosecuting attorneys.
Code of Massachusetts Regulations › 119 CMR - SOLDIERS' HOME IN HOLYOKE › Title 119 CMR 1.00 - Criminal Offender Record Checks › Section 1.12 - Exemption from Certain Requirements

Current through Register 1525, July 5, 2024
The Secretary may grant a funded or operated program an exemption from the requirements of 119 CMR 1.11(4)(a), except for those candidates in the lifetime presumptive disqualification category, upon a determination by the Secretary that an exemption is warranted following consideration of the following criteria:
(1) the service needs and level of vulnerability of the clients served by the program;
(2) the potential benefits and risks to those clients as a result of the exemption;
(3) the hiring authority's capacity to perform the review required by 119 CMR 1.11.
Whenever the Secretary grants the exemption, he/she shall document in writing the basis for determining that the exemption is warranted, including providing an assessment of the level of vulnerability of the clients served by the program. The Secretary may revoke the exemption at any time and without prior notice. No program shall be eligible for an exemption pursuant to 119 CMR 1.12 if it serves clients 16 years of age or younger or if it serves a population that is primarily 65 years of age or older.
Code of Massachusetts Regulations › 119 CMR - SOLDIERS' HOME IN HOLYOKE › Title 119 CMR 1.00 - Criminal Offender Record Checks › Section 1.13 - Dissemination

Current through Register 1525, July 5, 2024
CORI records may be disseminated only to individuals certified by the CHSB to receive such information, such as the hiring authority or CORI Coordinator. The Hiring Authority shall maintain a listing of persons so certified. Willful dissemination of Criminal Offender Record Information to unauthorized individuals is punishable by a jail sentence of up to one year and/or a fine of $5,000 in addition to civil penalties, pursuant to M.G.L.c. 6, § 78.
Code of Massachusetts Regulations › 119 CMR - SOLDIERS' HOME IN HOLYOKE › Title 119 CMR 1.00 - Criminal Offender Record Checks › Section 1.14 - Incidents

Current through Register 1525, July 5, 2024
Any hiring authority that receives an allegation that an SHH or vendor agency employee with a positive CORI history has harmed an SHH client shall immediately report the allegation to the General Counsel of SHH. Notification shall include documentation of the hiring decision of the hiring authority.
Code of Massachusetts Regulations › 119 CMR - SOLDIERS' HOME IN HOLYOKE › Title 119 CMR 1.00 - Criminal Offender Record Checks › Section 1.15 - Severability

Current through Register 1525, July 5, 2024
If any provisions of 119 CMR 1.01 through 1.14, or the applications of such provisions to any person or circumstance are held invalid or unconstitutional, the other provisions of 119 CMR 1.01 through 1.14, or the application of such provisions to any person or circumstance other than that as to which it is held invalid or unconstitutional, shall not be affected thereby.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 101.00 - General Provisions › Section 101.00 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Title
. 120 CMR shall be known as the regulations of
			 the Massachusetts Parole Board.
(2)
Authority
. The Massachusetts Parole Board is required
			 to promulgate regulations, rules, policies, and procedures governing the
			 performance of its duties. M.G.L. c. 27, § 5.
(3)
Regulations Do Not Limit
			 Statutory Authority
. Nothing contained in 120 CMR will be
			 interpreted to limit the authority granted to the Massachusetts Parole Board by
			 any applicable provision of the Massachusetts General Laws.
(4)
Cancellation
.
			 All previous Massachusetts Parole Board rules and regulations regarding the
			 organizational and legal basis of the Massachusetts Parole Board are hereby
			 canceled.
(5)
Severability
. If any section, subsection, sentence,
			 clause or phrase contained in120 CMR is for any reason held to be
			 unconstitutional, contrary to statute, in excess of the authority of the
			 Massachusetts Parole Board, or otherwise inoperative, such decisions will not
			 affect the validity of any other section, subsection, sentence, clause or
			 phrase of 120 CMR.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 101.00 - General Provisions › Section 101.01 - Powers and Duties of the Massachusetts Parole Board

Current through Register 1525, July 5, 2024
(1) Members of the Parole Board review,
			 authorize, and promulgate the regulations, policies, and procedures of the
			 agency.
(2) Members of the Parole
			 Board issue parole permits, where appropriate, authorizing the holder to serve
			 the remainder of the sentence in the community under the supervision of a
			 parole officer, subject to revocation for violation of parole conditions.
(a) Parole Board members hold a parole
			 hearing prior to the eligibility date for each inmate subject to its
			 jurisdiction and serving a sentence or sentences of 60 days or more. M.G.L. c.
			 127, §§ 128 and 134.
(b)
			 Parole Board members determine which inmates who are subject to their
			 jurisdiction may be released on parole. M.G.L. c. 127, § 130.
(c) Parole Board members determine the date
			 of release. M.G.L. c. 27, § 5.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 101.00 - General Provisions › Section 101.02 - Functions and Duties of the Chair of the Massachusetts Parole Board

Current through Register 1525, July 5, 2024
(1) The Chair directs the assignments of the
			 Parole Board members. M.G.L. c. 27, § 4.
(a) The Chair coordinates the work schedules
			 of the Parole Board members and is responsible for assigning cases.
(b) The Chair schedules and chairs executive
			 sessions of the Parole Board members.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 200.00 - Parole Eligibility › Section 200.01 - Definitions

Current through Register 1525, July 5, 2024
Early Consideration
. Consideration for
				release prior to reaching parole eligibility date. House of correction inmates
				are the only class of inmates eligible for early consideration, unless an
				inmate is serving a state prison sentence for a crime committed before July 1,
				1994 and the state prison sentence carries a b parole eligibility.
Interruption of Service of Sentences
.
				Any interruption in the service of a sentence prior to the inmate reaching his
				or her parole eligibility date shall delay the inmate reaching his or her
				parole eligibility date. Parole eligibility will be delayed by the number of
				days that the sentence was interrupted and the inmate was not serving time on
				the sentence.
Measurement of Period of Confinement
.
				The period of confinement shall be measured in days, months, and/or calendar
				years as stated by the court in the committing
mittimus
. For
				sentencing purposes, a month is 30 days. M.G.L. c. 4, § 7.
Minimum Mandatory Term
. "Minimum
				mandatory term" for purposes of 120 CMR 200.00 applies to an inmate serving a
				sentence for violation of a statute which expressly provides for a minimum
				mandatory term of incarceration and which expressly precludes parole release
				prior to service of the mandatory term.
Parole Eligibility
. The date on which
				an inmate becomes eligible for parole release.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 200.00 - Parole Eligibility › Section 200.02 - Parole Eligibility Calculations

Current through Register 1525, July 5, 2024
(1)
House of Correction
			 Sentences
. An inmate serving a house of correction sentence or
			 total aggregate sentence of 60 days or more shall be eligible for parole. The
			 parole eligibility date for house of correction inmates shall be ½ of
			 the total aggregate term of incarceration or two years, whichever is shorter
			 unless the inmate is serving one or more minimum mandatory terms which exceed
			 two years. The parole eligibility date for a house of correction inmate serving
			 one or more minimum mandatory terms which exceed two years shall occur after
			 the inmate has served a period of incarceration equal to the aggregate length
			 of any minimum mandatory terms.
(2)
State Prison Sentences
. An inmate serving a state
			 prison term or mandatory minimum sentence shall be eligible for parole after
			 serving the minimum term of sentence minus deductions, if applicable, for
			 earned good time pursuant to M.G.L. c. 127, §§ 129C through D, unless
			 the inmate is serving a life sentence. An inmate sentenced for second degree
			 murder shall be eligible for parole after serving the minimum term of years
			 fixed by the Court pursuant to M.G.L. c. 279, § 24, unless commuted to a
			 lesser sentence which carries an earlier parole eligibility date. M.G.L. c.
			 265, § 2(c). An inmate sentenced for first degree murder who committed the
			 murder between 14 and 18 years of age shall be eligible for parole after
			 serving the minimum term of years fixed by the Court pursuant to M.G.L. c. 279,
			 § 24, unless commuted to a lesser sentence which carries an earlier parole
			 eligibility date. M.G.L. c. 265, § 2(b). No inmate sentenced for first
			 degree murder who committed the murder on or after the inmate's
			 18th birthday shall be eligible for parole, unless
			 commuted to a lesser sentence which carries a parole eligibility date. M.G.L.
			 c. 265, § 2(a). Any inmate commuted to a lesser sentence shall be eligible
			 for parole after serving the minimum term of sentence minus deductions, if
			 applicable, for earned good time.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 200.00 - Parole Eligibility › Section 200.03 - Split Sentences

Current through Register 1525, July 5, 2024
(1)
House of Correction Sentences
. A house of correction
			 inmate shall be eligible for parole as provided in
			 120 CMR
			 200.02(1).
(2)
Probation
			 Violations
. An inmate who has completed the original committed
			 portion of his or her sentence and later is returned as a probation violator to
			 serve out the balance of his or her sentence shall have parole eligibility
			 calculated based on the entire term of the sentence imposed by the
			 court.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 200.00 - Parole Eligibility › Section 200.04 - Concurrent Sentences

Current through Register 1525, July 5, 2024
(1)
Mixed Sentences
. An inmate serving a sentencing
			 structure that has any combination of house of correction and state sentences
			 shall have the parole eligibility date for each component sentence determined.
			 The latest occurring parole eligibility date shall control the parole
			 eligibility date on the mixed sentencing structure.
(2)
Same Sentences
.
(a)
House of
			 Correction
. An inmate serving concurrent house of correction terms
			 shall be eligible for parole as provided in
			 120 CMR
			 200.02(1). The parole
			 eligibility date for concurrent house of correction sentences shall be ½
			 of the total aggregate term of incarceration or two years, whichever is shorter
			 unless the inmate is serving one or more minimum mandatory terms which exceed
			 the two years. The parole eligibility for a house of correction inmate serving
			 one or more minimum mandatory terms which exceed two years shall occur after
			 the inmate has served a period of incarceration equal to the aggregate length
			 of any minimum mandatory terms.
(b)
State Prison
. An inmate serving concurrent state
			 prison terms shall have parole eligibility determined by calculating the parole
			 eligibility date on each component sentence as provided in
			 120 CMR 200.02(2)
			  and determining which component carries the
			 latest date. The latest date shall control parole eligibility for the aggregate
			 sentencing structure.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 200.00 - Parole Eligibility › Section 200.05 - Concurrent Sentence for Crime Committed While Incarcerated

Current through Register 1525, July 5, 2024
(1) An inmate serving a sentence for a crime
			 committed while incarcerated or while on escape, furlough, or work release,
			 shall be eligible for parole on that sentence as provided in
			 120 CMR
			 200.02.
(2) An inmate serving a sentence for a crime
			 committed while incarcerated, which is ordered to run concurrent with the
			 balance of his or her governing sentence, shall have parole eligibility
			 determined by calculating the parole eligibility for each new component
			 sentence. The latest eligibility date on the new component sentences shall be
			 the controlling parole eligibility date for the new aggregate sentencing
			 structure.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 200.00 - Parole Eligibility › Section 200.06 - Concurrent Sentence for Crime Committed While on Parole

Current through Register 1525, July 5, 2024
A sentence for a crime committed while on parole may be served
				concurrent with the governing sentence if the Massachusetts parole violation
				warrant is served on the parolee prior to the imposition of the new
				sentence.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 200.00 - Parole Eligibility › Section 200.07 - Concurrent with a Civil Commitment to the Massachusetts Treatment Center

Current through Register 1525, July 5, 2024
An inmate serving a state sentence concurrent with a civil
				commitment to the Massachusetts Treatment Center for the Sexually Dangerous
				shall be eligible for parole as provided in
				120 CMR
				200.02(2).
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 200.00 - Parole Eligibility › Section 200.08 - Consecutive ("From and After") Sentences

Current through Register 1525, July 5, 2024
(1)
House of
			 Correction
. Parole eligibility for an inmate serving consecutive
			 house of correction sentences shall be determined as provided in
			 120 CMR
			 200.02(1).
(2)
State Prison
.
			 Parole eligibility for an inmate serving consecutive state prison sentences
			 shall be determined by calculating the parole eligibility date for each
			 component sentence. This shall be accomplished by basing parole eligibility
			 dates on the running of each component sentence from and after each other in
			 the order imposed. The dates calculated shall be aggregated with the latest
			 date controlling the parole eligibility date for the aggregate sentencing
			 structure.
(3)
Exceptions
. The following exceptions to the
			 above-provisions shall be recognized:
(a)
			 Consecutive sentence for a crime committed while on parole shall not be
			 aggregated with the governing sentence for purposes of determining parole
			 eligibility on the consecutive sentence;
(b) A split sentence may not be aggregated
			 with any other sentence to determine parole eligibility if the parole
			 eligibility date of the split sentence exceeds the committed portion of that
			 sentence;
(c) A sentence for a
			 crime committed on or after January 1, 1988 which is ordered to run consecutive
			 to a life sentence shall not be aggregated with the life sentence for purposes
			 of calculating parole eligibility on the consecutive sentence.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 200.00 - Parole Eligibility › Section 200.09 - Forthwith Sentences

Current through Register 1525, July 5, 2024
An inmate who is serving a house of correction sentence and
				receives a forthwith state prison sentence shall have parole eligibility
				calculated on the basis of the state prison sentence.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 200.00 - Parole Eligibility › Section 200.10 - Early Consideration of Parole Release

Current through Register 1525, July 5, 2024
(1)
House of
			 Correction
. For compelling reasons, a parole hearing panel may
			 release a house of correction inmate up to 60 days earlier than his or her
			 parole eligibility date. For compelling reasons, the full Board may release a
			 house of correction inmate more than 60 days from his or her parole eligibility
			 date.
(2)
State
			 Prison
. An inmate serving a state prison sentence is not eligible
			 for early consideration of parole release, unless the inmate is serving a
			 sentence for an offense committed before July 1, 1994 and the state sentence
			 carries a b parole eligibility. An inmate serving a state prison sentence with
			 a a parole eligibility may not petition for early consideration. An inmate
			 serving a b sentence shall serve a of his or her sentence before he or she is
			 eligible for early consideration. To petition for early consideration, an
			 eligible state inmate shall present his or her petition to the Department of
			 Correction.
(3) The Parole Board
			 may consider advancing the parole eligibility of an inmate based on its own
			 review of a case or review of an inmate petition. An inmate filing a petition
			 shall include with specificity the reason for his or her request for early
			 consideration. A petition shall be given more weight when the inmate includes
			 proof of his or her basis for the early consideration request.
(4) A compelling reason for granting early
			 consideration includes, but is not limited to, the following:
(a) serious medical or physical
			 condition;
(b) exceptional
			 achievement in a rehabilitative program;
(c) acceptance into a community
			 rehabilitative program;
(d) any
			 other reason that the Parole Board determines is sufficiently compelling to
			 warrant early consideration for parole release.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 200.00 - Parole Eligibility › Section 200.11 - Early Parole for Pregnant Females

Current through Register 1525, July 5, 2024
A pregnant inmate is immediately eligible for parole when she
				presents the Parole Board with a treating physician's certification which
				states that the best interest of the mother or her unborn child require that
				she be granted parole release. The certification shall state the medical or
				physical condition warranting early consideration and the manner in which early
				release would serve to address the medical or physical
				condition.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 200.00 - Parole Eligibility › Section 200.12 - Parole Eligibility for Habitual Criminals and Habitual Offenders

Current through Register 1525, July 5, 2024
(1)
Habitual
			 Criminal
. An offender who is sentenced pursuant to M.G.L. c. 279,
			 § 25(a) shall be considered a Habitual Criminal. A Habitual Criminal is
			 parole eligible after serving b of their maximum sentence minus any deductions
			 for earned good time. After serving b of their maximum sentence, a Habitual
			 Criminal shall be eligible for parole every two years until released on parole
			 or the sentence has expired. M.G.L. c, 127, § 133B.
(2)
Habitual
			 Offender
. An offender who is sentenced pursuant to M.G.L. c. 279,
			 § 25(b) shall be considered a Habitual Offender. A Habitual Offender shall
			 be sentenced to the maximum term provided by law for the offense enumerated in
			 M.G.L. c. 279, § 25(b) clause (i). A Habitual Offender is not eligible for
			 parole. M.G.L. c. 127, § 133B.
(3) The criteria and parole eligibility for
			 offenders sentenced as Habitual Criminals or Habitual Offenders in 120 CMR
			 200.12(1) and (2) only applies to triggering offenses occurring on or after
			 August 2, 2012. For offenses occurring prior to August 2, 2012, the statute in
			 effect at the time of the offense governs, with parole eligibility at ½
			 of the maximum sentence, minus any deductions for earned good time, and no
			 category of Habitual Offenders who are not eligible for parole.
REGULATORY AUTHORITY
M.G.L. c. 27, § 5 and c. 127, §§ 128,133,
				  133A, 133B,142.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 300.00 - Parole Hearings and Decision Making: General Provisions › Section 300.01 - Scheduling of Parole Hearings

Current through Register 1525, July 5, 2024
(1)
			 Parole Board members afford a parole release hearing to every inmate who is
			 eligible for parole. Where parole is denied after this initial release hearing,
			 the Parole Board members provide subsequent parole review hearings.
See
120 CMR 301.00 through
			 301.03.
(2) Parole Board members afford a parole
			 rescission hearing to every inmate whose parole release date was suspended upon
			 receipt of adverse information not previously known to the Parole Board members
			 when they made the release decision.
See
120 CMR
			 302.01:
Rescission of Parole Date:
			 General Provisions
.
(3) A
			 parole hearing panel affords a preliminary and a final revocation hearing to
			 every parolee who is alleged to have violated one or more conditions of parole
			 and for whom the Parole Board contemplates revocation of parole status. The
			 preliminary revocation hearing may be eliminated where a valid substitute
			 exists.
See
120 CMR
			 303.10:
Substitutions for Preliminary
			 Revocation Hearing
.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 300.00 - Parole Hearings and Decision Making: General Provisions › Section 300.02 - Parole Hearing Process

Current through Register 1525, July 5, 2024
(1) Generally,
			 parole hearings are not open to the public, except for parole release hearings
			 conducted for offenders serving life sentences or for parole hearings held
			 pursuant to
			 120 CMR
			 401.00:
Victim Access
			 Hearings
.
(2) The Parole
			 Board may arrange for an interpreter at the hearing to assist the inmate or the
			 parole hearing panel.
(3) A member
			 of any parole hearing panel shall withdraw from participating and abstain from
			 voting, or the Chair shall recuse a member of any parole hearing panel in any
			 case on the basis of personal involvement in the case or for any other reason
			 which might prevent that member from making an impartial decision.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 300.00 - Parole Hearings and Decision Making: General Provisions › Section 300.03 - Parole Hearing Panel

Current through Register 1525, July 5, 2024
(1) The Chair may
			 appoint any three members of the Parole Board to act as the panel granting,
			 rescinding, revoking, or denying parole permits. A parole permit may be
			 granted, rescinded, revoked, or denied by the panel if the inmate has been seen
			 by at least two appointed panel members.
See
M.G.L. c. 27,
			 § 5 and c. 127, § 134(a).
(2) The Chair may designate Parole Board
			 employees to investigate and to serve as hearing examiners, conducting parole
			 hearings in cases where an inmate is serving a house of correction sentence.
			 The hearing examiner shall make a recommended decision to one or more Parole
			 Board members who will either agree or disagree with such recommendation.
			 M.G.L. c. 127, § 134(b).
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 300.00 - Parole Hearings and Decision Making: General Provisions › Section 300.04 - Parole Release Decision Making

Current through Register 1525, July 5, 2024
(1)
			 Parole Board members shall only grant a parole permit if they are of the
			 opinion that there is a reasonable probability that, if such offender is
			 released, the offender will live and remain at liberty without violating the
			 law and that release is not incompatible with the welfare of society. Parole
			 Board members shall not grant a parole permit merely as a reward for good
			 institutional conduct. M.G.L. c. 127, § 130.
(2) The presence of a detainer or warrant
			 indicating that the inmate is wanted to answer other criminal charges,
			 probation violations, or parole violations creates a strong presumption against
			 parole release. Parole release, if granted, will only be to such detainer. A
			 pending criminal case will also create a like presumption against parole
			 release.
(3) Where an inmate has
			 been assessed a victim and witness fund fee pursuant to M.G.L. c. 258B, §
			 8, and the Parole Board receives notice that the fee has not been paid, the
			 inmate will not be released on parole until the fee is paid, unless the inmate
			 has the fee waived consistent with M.G.L. c. 258B, § 8.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 300.00 - Parole Hearings and Decision Making: General Provisions › Section 300.05 - Information Considered in Parole Release Decisions

Current through Register 1525, July 5, 2024
(1) In making a parole or re-parole
			 determination, the parole hearing panel shall consider a risk and needs
			 assessment, whether the inmate has participated in available work opportunities
			 and education or treatment programs, and has demonstrated good behavior. M.G.L.
			 c. 127, § 130. The Parole Board may also consider, if available and
			 relevant, information such as:
(a) reports
			 and recommendations from parole staff;
(b) official reports of the inmate's prior
			 criminal record, including a report or record of earlier probation and parole
			 experiences;
(c) any pending
			 cases;
(d) presentence
			 investigation reports;
(e) official
			 reports of the nature and circumstances of the offense including, but not
			 limited to, police reports, grand jury minutes, decisions of the Massachusetts
			 Appeals Court or the Supreme Judicial Court, and transcripts of the trial or of
			 the sentencing hearing;
(f)
			 statements by any victim of the offense for which the offender is imprisoned
			 about the financial, social, psychological, and emotional harm done to or loss
			 suffered by such victim;
(g)
			 reports of physical, medical, mental, or psychiatric examination of the
			 inmate;
(h) any information that
			 the inmate may wish to provide the parole hearing panel including letters of
			 support from family, friends, community leaders, and parole release plans;
			 and
(i) information provided by the
			 custodial authority, including, but not limited to, disciplinary reports,
			 classification reports, work evaluations, and educational and rehabilitation
			 program achievements.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 300.00 - Parole Hearings and Decision Making: General Provisions › Section 300.06 - Granting of Parole

Current through Register 1525, July 5, 2024
(1) Where parole
			 release is granted to a warrant or other legal process, release will not occur
			 until the requesting authority is present to serve the warrant. The Parole
			 Board's jurisdiction over the inmate shall continue while the inmate is subject
			 to the outstanding obligation arising from such warrant or other legal process.
			 Parole Board members may establish conditions which apply both before and after
			 the obligation is satisfied.
(2)
			 The parole hearing panel may make a grant of parole conditional upon the
			 occurrence prior to release of certain circumstances, including but not limited
			 to:
(a) approval of home or work or both by
			 the field parole office responsible for supervision of the inmate upon
			 release;
(b) acceptance by another
			 state for supervision;
(c)
			 disposing of outstanding criminal charges or court defaults;
(d) disclosure to the home sponsor of the
			 existence of a mental, psychiatric, medical, or physical condition and of
			 medication or counseling requirements or both;
(e) acceptance into appropriate counseling;
			 and
(f) completion of pre-release,
			 educational, treatment, or rehabilitative program offered by the correctional
			 authority.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 300.00 - Parole Hearings and Decision Making: General Provisions › Section 300.07 - Standard and Special Conditions of Parole

Current through Register 1525, July 5, 2024
(1) Where Parole Board members determine that
			 release on parole is appropriate, the Parole Board shall impose standard
			 conditions of parole that every parolee must agree to in writing as part of the
			 parole permit signed before release into the community.
(2) Where Parole Board members determine that
			 release on parole is appropriate, the Parole Board members may impose in
			 writing special conditions of parole concerning areas including, but not
			 limited to, home, work, travel, persons whom the parolee may not contact,
			 counseling, medical condition, treatment, supervision for drugs and alcohol, or
			 any condition that is reasonably related to the crime of the parolee or the
			 parolee's personal condition. M.G.L. c. 127, § 130.
(3) Parole Board members may at any time
			 revise, alter, eliminate, amend, or add any terms and conditions of parole
			 supervision, whether a standard condition under 120 CMR 300.07(1) or a special
			 condition under
			 120 CMR
			 300.01(2), to enable the
			 Parole Board to aid a parolee's adjustment, protect the community, and provide
			 parole officers with the ability to effectively supervise parolees.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 300.00 - Parole Hearings and Decision Making: General Provisions › Section 300.08 - Representatives and Attendance at Parole Hearings

Current through Register 1525, July 5, 2024
(1) The Parole Board does not permit
			 representation by counsel at initial release hearings or at any review hearing,
			 except for those inmates serving a life sentence with attendant parole
			 eligibility. The Parole Board permits representation by attorneys or law
			 students under an attorney's supervision at parole rescission hearings,
			 preliminary parole revocation hearings, and final parole revocation hearings.
			 Representation by another inmate is not permitted.
(2) For inmates who are not serving a life
			 sentence with attendant parole eligibility, only the parole hearing panel, the
			 inmate, parole staff, and a representative of the superintendent of the
			 institution where the inmate is incarcerated will routinely attend initial
			 release and review hearings.
(a) Under
			 special circumstances, individuals other than those enumerated in
			 120 CMR 301.08(2)
			  and
			 401.00:
Victim
			 Access Hearings
may attend specified initial and review hearings, but
			 only with the permission of the parole hearing panel.
(b) The parole hearing panel may, in its
			 discretion, permit a qualified individual to represent an inmate who, because
			 of a mental, psychiatric, medical, physical condition or language barrier is
			 not competent to offer testimony at or understand the proceedings of an initial
			 release or review hearing.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 301.00 - Initial Parole Release Hearings; Review Hearings › Section 301.01 - Scheduling of Initial Parole Release Hearing and Subsequent Review Hearings

Current through Register 1525, July 5, 2024
(1) The parole hearing panel conducts a
			 parole hearing prior to the parole eligibility date. Such hearings are
			 conducted at the inmate's place of incarceration, except for offenders serving
			 a life sentence or Victim Access Hearings conducted pursuant to
			 120 CMR
			 401.00:
Victim Access Hearings
. Where
			 an inmate is serving a life sentence, the parole release hearing and subsequent
			 review hearings are public and are generally held in a place easily accessible
			 by the public.
(2) For offenders
			 not serving a life sentence, if parole is not granted at the initial parole
			 release hearing, a parole review hearing occurs annually thereafter, except
			 where the Parole Board members act to cause a review at an earlier time or as
			 noted below in 120 CMR 301.01(3) and (4), or where the hearing has been
			 postponed under
			 120
			 CMR 301.02.
(3) In cases involving offenders sentenced as
			 "habitual criminals" under M.G.L. c. 279, § 25(a), a parole review hearing
			 occurs two years after the initial parole release hearing and every two years
			 thereafter. M.G.L. c. 127, § 133B.
(4) In cases involving offenders civilly
			 committed as sexually dangerous persons who are also serving concurrent house
			 of correction and/or state prison sentences, a parole review hearing occurs
			 three years after the initial parole release hearing on the criminal
			 imprisonment, except where Parole Board members act to cause a review at an
			 earlier time.
(5) In cases
			 involving inmates serving life sentences with parole eligibility, a parole
			 review hearing occurs five years after the initial parole release hearing,
			 except where the Parole Board members act to cause a review at an earlier time.
			 M.G.L. c. 127, § 133A. The time period for the next hearing is calculated
			 from the date of the hearing itself, not from the date the Parole Board renders
			 a Record of Decision.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 301.00 - Initial Parole Release Hearings; Review Hearings › Section 301.02 - Postponement of Initial Parole Release Hearing or Subsequent Review Hearings

Current through Register 1525, July 5, 2024
(1) Upon request by an inmate, the Parole
			 Board may grant a postponement of an initial parole release hearing or review
			 hearing to the next available docket. Such request must be in writing and
			 witnessed by a parole staff member.
(2) If an inmate who is serving a life
			 sentence with parole eligibility voluntarily requests postponement of an
			 initial parole release hearing or review hearing within seven days of the
			 scheduled hearing date, such request must be reviewed and approved by Parole
			 Board members.
(3) If an inmate who
			 is serving a life sentence with parole eligibility voluntarily requests
			 postponement of an initial parole release hearing or review hearing within 24
			 hours of the scheduled hearing date, the request will be considered a waiver
			 pursuant to
			 120 CMR
			 301.03 and M.G.L. c. 127, § 134. 120 CMR
			 301.02(3) does not apply to inmates who are unavailable as defined by
			 120 CMR
			 301.04.
(4) The Parole Board shall postpone an
			 initial parole release hearing or review hearing to the next available docket
			 in cases in which the inmate is unavailable or where circumstances prevent the
			 appearance of the parole hearing panel. Unavailability includes, but is not
			 limited to, a commitment to Bridgewater State Hospital. An inmate will not be
			 considered unavailable in situations where the inmate causes his or her absence
			 from the hearing. Such situations include, but are not limited to, refusal to
			 leave one's cell or other area of the custodial institution, or refusal to
			 safely participate in transportation to the hearing. The Parole Board shall
			 determine whether such circumstances constitute a waiver of the
			 hearing.
(5) Where the parole
			 hearing panel determines that it lacks sufficient information to make a
			 decision, it may postpone the initial release or review hearing until the next
			 available docket in order to obtain the needed information.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 301.00 - Initial Parole Release Hearings; Review Hearings › Section 301.03 - Waiver of Initial Parole Release Hearing or Review Hearings

Current through Register 1525, July 5, 2024
(1) An inmate may waive the initial parole
			 release hearing or any review hearing. The parole hearing panel shall not
			 consider parole release for any inmate who waives the initial or review parole
			 hearing. M.G.L. c. 127, § 134.
(2) Such waiver must be in writing and
			 witnessed by a parole staff member.
(3) The inmate will execute the waiver only
			 after a parole staff member informs the inmate of the initial parole hearing
			 process and the consequences of such waiver.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 301.00 - Initial Parole Release Hearings; Review Hearings › Section 301.04 - Pre-hearing Interview and File Review

Current through Register 1525, July 5, 2024
The Parole Board shall disclose to an inmate information in
				that inmate's file pursuant to
				120 CMR 500.00:
Dissemination of CORI, Evaluative Information, and Intelligence
				Information
provided the inmate requests such disclosure in writing at
				least 30 days prior to any scheduled release or review hearing. Information
				deemed confidential by the Parole Board will not be disclosed. M.G.L. c. 127,
				§ 130. Any disclosure of other information will be in a form determined to
				be appropriate by the Parole Board consistent with M.G.L. c. 6, § 172; c.
				66; and c. 66A. The Parole Board may orally summarize available police, court,
				and institutional data likely to be considered by the parole hearing panel
				during the initial release hearing or any review hearing.
Code of Massachusetts Regulations › 120 CMR - PAROLE BOARD › Title 120 CMR 301.00 - Initial Parole Release Hearings; Review Hearings › Section 301.05 - Procedure at Initial Parole Release Hearing and Subsequent Review Hearings Where the Inmate Is Not Serving a Life Sentence

Current through Register 1525, July 5, 2024
(1) The initial release hearing and any
			 subsequent review hearings are administrative hearings conducted by a parole
			 hearing panel.
(2) The following
			 proceedings do not occur in the presence of the inmate:
(a) The pre-hearing conference among the
			 parole hearing panel members and parole institutional staff.
(b) The presentation of the parole staff
			 member's report and any custodial authority documents to the parole hearing
			 panel.
(c) The parole hearing panel
			 deliberations which occur after examining the inmate and receiving any
			 information and/or documents offered by the inmate.
(d) Consideration of information deemed
			 confidential by the Parole Board.