Code of Massachusetts Regulations
120 CMR - PAROLE BOARD
Title 120 CMR 303.00 - Revocation of Parole
Section 303.15 - Withdrawal, Service, or Vacating of the Parole Violation Warrant
Universal Citation: 120 MA Code of Regs 120.303
Current through Register 1531, September 27, 2024
(1) Parole Board members may withdraw a parole violation warrant at any time prior to the service thereof. M.G.L. c. 127, § 149.
(a) A parole violation
warrant may be withdrawn by a majority of the Parole Board members upon an
office vote or, after a hearing, by a majority of the revocation hearing
panel.
(b) Where the parole
violation warrant is withdrawn, the time between the day after the issuance of
the parole violation warrant until the withdrawal of said warrant is not
considered as any part of the term of the underlying sentence being served on
parole.
(2) A parole violation warrant is considered served when the parolee is physically detained under authority of that Parole Board warrant. The underlying sentence resumes again upon service of the warrant.
(a) As
provided in M.G.L. c. 127, § 149, if the parolee is sentenced to an
intervening sentence of imprisonment for commission of a crime or for violation
of the conditions of federal or another state's parole or probation, the parole
violation warrant may not be served until the parolee is discharged from any
additional sentences by parole or otherwise.
1. Any sentence for a crime committed while
on parole which is imposed prior to the service of the parole violation warrant
is an intervening sentence.
2. The
parole violation warrant must be served prior to the imposition of any sentence
for a crime committed on parole in order for such sentences to run concurrently
or consecutively to the underlying sentence.
(b) If the parolee is found not guilty of any
additional crimes charged or not guilty of violating the conditions of parole
or probation, then service of the parole violation warrant is effective on the
date of issuance. M.G.L. c. 127, § 149.
(c) If the disposition of any new criminal
charges or charges of violation of parole is other than a finding of guilt, the
parole hearing panel may, in its discretion, retroactively serve the parole
violation warrant. M.G.L. c. 127, § 149.
(3) Under extraordinary circumstances where subsequent information negates an earlier finding by the Parole Board that probable cause exists to believe that the parolee has violated the conditions of parole, the Parole Board members may vacate the parole violation warrant.
(a) A parole violation warrant may be vacated
by a majority of the Parole Board members upon an office vote, or, after a
hearing by a majority vote of the revocation hearing panel.
(b) Where Parole Board members vote to vacate
a parole violation warrant, the time between the issuance of the warrant and
the Parole Board vote to vacate said warrant is credited to the underlying
sentence.
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