Code of Massachusetts Regulations
120 CMR - PAROLE BOARD
Title 120 CMR 304.00 - Appeal and Reconsideration Process: General Provisions
Section 304.03 - Reconsideration of Decision of Parole Board Members

Universal Citation: 120 MA Code of Regs 120.304

Current through Register 1518, March 29, 2024

(1) An inmate may petition a hearing panel, in writing, for reconsideration of a decision to deny, rescind, or revoke parole, or to grant parole subject to special conditions. Such petition may not be submitted earlier than 90 days after the date the inmate receives notification of the hearing panel decision, except when such petition is submitted at the same time as an appeal pursuant to 120 CMR 304.02. The petition for reconsideration must state specific facts which justify reconsideration based on one or more of the following grounds:

(a) There is a material change in personal or other circumstances which requires a different decision.

(b) The tasks mandated by the parole hearing panel have been accomplished.

(c) Especially mitigating circumstances justify a different decision.

(d) There are compelling reasons why a more lenient decision should be rendered.

(2) The petitioner may not base a petition for reconsideration on the same grounds previously rejected by a reconsideration hearing panel, or an appeal pursuant to 120 CMR 304.02.

(3) The procedure for reconsideration of parole release decisions is the same as that for the appeal process described in 120 CMR 304.02.

(4) The hearing panel that decided the case will decide the request for reconsideration.

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