Code of Massachusetts Regulations
120 CMR - PAROLE BOARD
Title 120 CMR 303.00 - Revocation of Parole
Section 303.24 - Revocation Decision
Universal Citation: 120 MA Code of Regs 120.303
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
parolee and representative shall leave the hearing room and the revocation
hearing panel shall make its decision in private. This decision making process
will not be recorded.
(b) After a
decision is made, the revocation hearing panel will call the parolee and
representative back into the hearing room, at which time the presenting member
shall inform the parolee of the decision as follows:
1. Whether a violation occurred as to each
charge;
2. Whether parole status
should be revoked or whether reparole is warranted.
(c) The presenting member shall advise the
parolee 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 revocation hearing panel does
not find, by a preponderance of the evidence, that the parolee violated any
condition of parole, Parole Board members shall restore the parolee to
supervision within 24 hours. However, the Parole Board may delay release of the
parolee if necessary to assure that the parolee has an approved home plan or to
notify a crime victim or a CORI-registered individual. See
120 CMR
500.04: Dissemination of CORI to
Registered Individuals. Where appropriate, the Parole Board members
may modify the previous conditions of release.
(f) When the revocation hearing panel finds,
by a preponderance of the evidence, that the parolee violated a condition of
parole, the Parole Board members shall affirm the revocation of parole and may
take any of the following actions:
1. set a
reparole date, in accordance with
120 CMR
401.05: Notification of
Decision, which may be subject to the fulfillment of certain
conditions, such as obtaining approved home, work or treatment; or
2. deny reparole and 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 hearing is calculated from the date of the final revocation
hearing and decision.
(g) Where there are criminal charges pending
against the parolee, there is a strong presumption against reparole.
(h) Where criminal charges are resolved with
a finding of not guilty, Parole Board members may revoke parole if, upon
reviewing the facts, they determine by a preponderance of the evidence that the
parolee has violated a condition of parole.
(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
303.16(2).
(b) The hearing panel members present a
summary of the final revocation hearing and their findings to the full
Board.
(c) The full Board decides
by a majority vote, 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 status should be revoked or whether reparole is warranted.
(d) When the full Board does not
find, by a preponderance of the evidence, that the parolee violated any
condition of parole, Parole Board members shall restore the parolee to
supervision within 24 hours. However, the Parole Board may delay release of the
parolee if necessary to assure that the parolee has an approved home plan or to
notify a crime victim or a CORI-registered individual. See
120 CMR
500.04: Dissemination of CORI to
Registered Individuals. Where appropriate, Parole Board members may
modify the previous conditions of release.
(e) When the full Board by majority vote
finds, by a preponderance of the evidence, that the parolee violated a
condition of parole, the Parole Board shall affirm the revocation of parole and
may take any of the following actions:
1. set
a reparole date, in accordance with
120 CMR
401.05: Notification of
Decision, which may be subject to the fulfillment of certain
conditions, such as obtaining approved home, work, or treatment; or
2. deny reparole and place the case 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.
(f) Where there are criminal
charges pending against the parolee, there is a strong presumption against
reparole.
(g) Where criminal
charges are resolved with a finding of not guilty, the full Board may revoke
parole if, upon reviewing the facts, they determine by a preponderance of the
evidence that the parolee has violated a condition of parole.
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