Code of Massachusetts Regulations
120 CMR - PAROLE BOARD
Title 120 CMR 302.00 - Rescission of Parole Date
Section 302.09 - Rescission Decisions
Universal Citation: 120 MA Code of Regs 120.302
Current through Register 1531, September 27, 2024
(1) In cases involving individuals serving non-life sentences with parole eligibility:
(a) At the conclusion of the hearing, the
inmate and representative shall leave the hearing room and the rescission
hearing panel shall make its decision in private. This decision making process
will not be recorded.
(b) After a
decision is made, the rescission hearing panel will call the inmate and
representative back onto the room, at which time the presenting member shall
inform the inmate of the decision as follows:
1. Whether a violation occurred as to each
charge;
2. Whether parole should be
rescinded or whether a new parole date is warranted;
3. Whether to modify the conditions of
release.
(c) The
presenting member shall advise the inmate of the right to seek administrative
appeal and/or reconsideration under
120 CMR 304.00:
Appeal and Reconsideration.
(d) At the conclusion of the hearing, the
presenting member shall prepare a vote sheet which will contain the final vote
of each member of the panel and the reasons for the decision.
(e) When the hearing panel does not vote to
rescind the parole release date, the decision will be executed forthwith. In
addition, Parole Board members may, where appropriate, issue a warning and/or
modify the conditions of release.
(f) Where the hearing panel votes to rescind
a parole date and refuses to grant another release date, the case shall be
placed back on the docket for a regularly scheduled review hearing, pursuant to
120
CMR 301.01: Scheduling of Initial
Parole Release Hearing and Subsequent Review Hearings. The time period
for the next review hearing is calculated from the date of the rescission
hearing and decision.
(2) In cases involving individuals serving life sentences with parole eligibility:
(a)
At the conclusion of the hearing, a decision is not rendered by the hearing
panel because the case must be referred to the full Board for final vote.
120 CMR
302.01(3).
(b) The hearing panel members present a
summary of the rescission hearing and their findings to the full Parole
Board.
(c) The full Board decides
by a majority, either by vote at an executive session or by office vote, the
following:
1. Whether a violation occurred as
to each charge;
2. Whether parole
should be rescinded or whether a new parole date is warranted;
3. Whether to modify the conditions of
release.
(d) When a
majority of the full Board does not vote to rescind the parole release date,
the decision will be executed forthwith. In addition, Parole Board members may,
where appropriate, issue a warning and/or modify the conditions of
release.
(e) When a majority of the
full Board votes to rescind a parole date and refuses to grant another release
date, the case shall be placed on the next available docket for Parole Board
members to conduct a review hearing in accordance with the provisions of
120 CMR 301.00:
Initial Parole Release Hearings; Review Hearings.
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