Code of Massachusetts Regulations
120 CMR - PAROLE BOARD
Title 120 CMR 303.00 - Revocation of Parole
Section 303.10 - Evidentiary Process at Preliminary Revocation Hearing
Current through Register 1518, March 29, 2024
(1) Preliminary revocation hearings are conducted by a hearing examiner or other official designated by the Chair of the Parole Board. The person conducting the preliminary hearing may not have been connected with supervising the parolee, authorizing any warrant, or otherwise directly involved with the case.
(2) The rules of evidence which govern in judicial proceedings do not apply to preliminary revocation hearings. The hearing examiner may consider any available, reliable, and relevant information in making a recommendation to the Parole Board members. If the parolee remains silent, the recommendation of the examiner is made on the available information.
(3) The hearing examiner shall disclose to the parolee all evidence upon which the examiner's recommendation may be based unless such information is classified as confidential, then disclosure will be in summary form. See 120 CMR 500.00: Dissemination of CORI, Evaluative Information, and Intelligence Information.
(4) The parolee may present witnesses and documentary evidence. However, the hearing examiner may limit or exclude any irrelevant or repetitious evidence.
(5) The parolee may request that the hearing examiner obtain the presence of persons who have given information upon which revocation may be based. The hearing examiner shall request the attendance of such adverse witnesses at the preliminary parole revocation hearing unless the parolee admits a violation of any condition, the parolee was convicted of new offense while on parole supervision or the hearing examiner finds good cause for the witness' non-attendance. As provided in M.G.L. c. 233, § 8, a subpoena may issue for the appearance of adverse witnesses or the production of documents.
