Current through Register 1518, March 29, 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.
(2) For all inmates serving life
sentences, the initial parole release hearing and any subsequent parole review
hearings are public proceedings to the extent considerations of security and
confidentiality allow. M.G.L. c. 127, § 133A.
(a) The Parole Board reserves the right to
limit attendance or assign seating in consideration of security and space
availability.
(b) All individuals
in attendance who are not employees of the Parole Board must sign their name
and provide their home or work address on a list provided.
(c) The Parole Board reserves the right to
conduct searches of persons and effects of all individuals in
attendance.
(d) The hearing is
conducted with appropriate decorum. Observers or participants who create any
disturbance on or about the premises of the hearing may be removed and barred
from the proceeding.
(e) The Parole
Board may regulate media coverage to ensure order, security, and
confidentiality.
(3)
Pursuant to M.G.L. c. 127, § 133A:
(a)
The Parole Board shall give notice of the initial parole release hearing and
any subsequent parole review hearings for inmates serving life sentences to the
following agents of the Commonwealth:
1.
Attorney General of the Commonwealth;
2. Office of the District Attorney in which
district the sentence was imposed;
3. Chief of Police of the municipality in
which the crime was committed; and
4. Executive Office of Public Safety and
Security.
(b) The Parole
Board shall make reasonable efforts to notify the victim(s) or the victim's
family members at least 30 days prior to the parole hearing. M.G.L. c. 127,
§ 133A and M.G.L. c. 258B.
(4) Subject to 120 CMR 301.06(2), the
following guidelines apply to the presentation of evidence at an initial or
review parole hearing for inmates serving life sentences:
(a) The Chair of the Parole Board or the
designee of the Chair presides over the full Parole Board parole hearing and
will administer oaths before the receipt of testimony.
(b) The inmate or a representative may make a
brief opening statement.
(c) The
Parole Board members may inquire of the inmate concerning any relevant
matter.
(d) The Parole Board
members shall elicit information regarding the status of the inmate within the
Department of Correction.
(e) The
Parole Board members shall elicit available evidence and testimony from persons
advocating parole for the inmate.
(f) The Parole Board members shall elicit
available evidence and testimony regarding the impact of the crime on the
victim(s) or victim's family, and any recommendation by the victim or a
representative of the family regarding the issue of parole of the inmate. The
Parole Board members shall also elicit available evidence and testimony
unfavorable to the inmate upon any relevant subject.
(g) Public officials of the Commonwealth may
offer evidence and testimony in rebuttal or supplementation of any relevant
issue raised during the consideration of parole.
(h) The Chair or designee, after the close of
evidence and testimony, may permit a closing statement by the inmate or
representative.
(5) The
Parole Board members may allow submission of supplemental memoranda or other
documentation from any party after the close of the hearing. Requests for such
subsequent submissions must be made at the close of the parole
hearing.
(6) The full Parole Board
shall vote on the final decision regarding parole release at a regularly
scheduled executive session following the public hearing. Any decision shall be
by majority of the full Board. The Parole Board shall notify the inmate of its
decision in writing and the reasons therefor. The decision of the Parole Board
members is a public record, as provided by M.G.L. c. 127, § 130.
