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

Universal Citation: 120 MA Code of Regs 120.301

Current through Register 1531, September 27, 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.

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