Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 463.00 - Furloughs
Section 463.07 - Eligibility Requirements

(a) An inmate serving a life sentence for murder in the second degree shall be required to serve 12 years from the effective date of sentence.

(b) Except for inmates serving a life sentence for murder in the first degree for whom furloughs are not allowed, all other inmates shall be required to have served at least 50% of the time between their effective date of sentence and their parole eligibility date or earliest release or discharge date, whichever is less, and shall be within three years of their parole eligibility date or earliest release or discharge date, whichever is less, before being eligible for an initial furlough. The eligibility requirement of 103 CMR 463.07 shall not preclude from furlough participation those inmates not yet within three years of their parole eligibility date or earliest release or discharge date, whichever is less, who are furlough certified prior the effective date of 103 CMR 463.00. Any inmate not within three years of his/her parole eligibility date or earliest release or discharge date, whichever is less, and certified prior to the effective date of 103 CMR 463.00, and who is terminated from the furlough program for any reason subsequent to the effective date of 103 CMR 463.00 shall thereafter be subject to the eligibility requirements of 103 CMR 463.07.

(c) An inmate shall be considered eligible for an initial furlough provided that he meets the criteria established in 103 CMR 463.07(1)(a) and (b); and does not have a felony warrant or detainer pending, has been determined not to be a sexually dangerous person in accordance with M.G.L. c. 123A, is not serving a mandatory sentence restricting involvement in the furlough program, is not serving a sentence for murder 1st degree and has been deemed appropriate for participation in the furlough program in accordance with 103 CMR 420.00: Classification, and the respective institution classification procedures.

(d) The decision to recommend or approve the inmate for a furlough shall be based upon the inmate's ability to conduct himself responsibly while in the community; past and present conduct in the correctional system; past history of release on furlough, probation, parole or bail; involvement in institution programs or rehabilitative activities; history of violent behavior; offense; and absence of any pending legal issues.

(a) to attend the funeral of a relative;

(b) to visit a critically ill relative;

(c) to obtain medical, psychiatric, psychological or other social services when adequate services are not available at the facility and cannot be obtained by temporary placement in a hospital under M.G.L. c. 127, §§ 117, 117A and 118.

(d) to contact prospective employers.

(e) to secure a suitable residence for use upon release on parole or discharge.

(f) for any other reason consistent with the reintegration of a committed offender into the community.