Code of Massachusetts Regulations
120 CMR - PAROLE BOARD
Title 120 CMR 303.00 - Revocation of Parole
Section 303.23 - Procedure at Final Revocation Hearing
Universal Citation: 120 MA Code of Regs 120.303
Current through Register 1531, September 27, 2024
(1) The Parole Board shall audio record all final revocation hearings. At any time during the final parole revocation hearing, the revocation hearing panel may request that the parolee or representative leave the hearing room so that the panel may convene privately to discuss any point of law or fact. Likewise, the parolee and representative may request a recess in the hearing for conference.
(2) Final revocation hearing are conducted according to the following procedures:
(a)
The presenting member of the revocation hearing panel shall ascertain the
identity of the parolee and ascertain whether written notice of charges was
received.
(b) If the parolee is
represented, the presenting member of the revocation hearing panel shall
ascertain the name, address, and telephone number of the
representative.
(c) The presenting
member of the revocation hearing panel shall read or summarize from the written
notice each charge asking that the parolee either "admit" or "deny" the
charge.
(d) The panel shall ask the
parolee for factual information regarding each alleged violation including
information in mitigation of the charges.
(e) The parolee may present voluntary
witnesses. Members of the panel may question any voluntary witnesses.
(f) Members of the revocation hearing panel
shall examine any adverse witnesses and shall permit the parolee or
representative to cross-examine the adverse witnesses unless the panel finds
good cause for not allowing cross-examination.
(g) Members of the panel shall review all
relevant information regarding the parolee's suitability to be returned to
parole supervision including, but not limited: to the parolee's institutional
conduct since returning to prison as an alleged parole violator, criminal
history; home situation; reports of physical, medical, mental, or psychiatric
examinations; any pending criminal cases; any outstanding domestic restraining
orders; reports of parole staff; and any other information provided by the
custodial authority.
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