Code of Massachusetts Regulations
120 CMR - PAROLE BOARD
Title 120 CMR 200.00 - Parole Eligibility
Section 200.10 - Early Consideration of Parole Release

Universal Citation: 120 MA Code of Regs 120.200

Current through Register 1531, September 27, 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.

(5) A majority vote by the panel or full Board shall be required to grant early consideration.

(6) The Parole Board shall provide written notice of the early consideration request hearing to the sentencing judge, Office of the District Attorney that prosecuted the governing offense(s), and the victim(s) of the governing offenses, as registered by the Department of Criminal Justice Information Services.

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