Code of Massachusetts Regulations
120 CMR - PAROLE BOARD
Title 120 CMR 302.00 - Rescission of Parole Date
Section 302.07 - Evidentiary Process at Rescission Hearing
Current through Register 1531, September 27, 2024
(1) Rescission hearings are conducted by the presenting member of the rescission hearing panel. The presenting member may, if good cause exists, compel the attendance of adverse witnesses, the production of exhibits, and testimony by duly issued summons as provided in M.G.L. c. 233, § 8 and 120 CMR 300.02: Parole Hearing Process.
(2) The strict rules of evidence do not apply to rescission hearings.
(3) The inmate may present witnesses and documentary evidence. However, the presenting member of the rescission hearing panel may limit or exclude any irrelevant or repetitious testimony or documentary evidence. Presence of witnesses at hearings conducted at state or county correctional facilities or jails is subject to the approval and the procedures of the custodial authority.
(4) The rescission hearing panel may take into account any reliable and relevant information available in establishing misconduct, criminal activity, or new and adverse circumstances. If the inmate remains silent, the decision of the rescission hearing panel will be based on the available information. The decision of the rescission hearing panel is based on a preponderance of the evidence. See120 CMR 100.00: Definitions.
(5) Adverse witnesses who are present will be available for questioning and cross-examination in the presence of the inmate, unless there is good cause for disallowing cross-examination.
(6) At the hearing, the rescission hearing panel shall disclose to the inmate evidence upon which it may base a rescission except as follows:
(7) An inmate may be represented at a rescission hearing by an attorney or by a law student in a clinical program under the supervision of an attorney.