Code of Massachusetts Regulations
120 CMR - PAROLE BOARD
Title 120 CMR 302.00 - Rescission of Parole Date
Section 302.08 - Procedure at Rescission Hearing

(a) The presenting member of the rescission hearing panel shall ascertain the identity of the inmate and whether written notice of charges was received.

(b) If the inmate is represented, the presenting member of the rescission hearing panel shall ascertain the name, address, and telephone number of the representative.

(c) The presenting member of the rescission hearing panel shall read or summarize from the written notice each charge asking that the inmate either "admit" or "deny" the charge.

(d) The presenting member shall ask the inmate for factual information regarding each charge including information in mitigation of the charges. Members of the rescission hearing panel may question the inmate regarding such information. The focus of the colloquy will be on the behavior of the inmate and on relevant information contained in, but not limited to, the inmate's institutional file, police reports, drug analysis reports, and confidential documentation or information.

(e) The inmate may present voluntary witnesses. The inmate may not compel the appearance of any witnesses. The presenting member may question any voluntary witnesses and, when concluded, permit other members of the rescission hearing panel to question such witnesses.

(f) The rescission hearing panel shall examine any adverse witnesses and shall permit the inmate or representative to cross examine the adverse witnesses, unless there is good cause for not allowing confrontation.

(g) The presenting member shall ascertain whether the other members of the rescission hearing panel wish to question further the inmate and shall allow such questioning.