Code of Massachusetts Regulations
120 CMR - PAROLE BOARD
Title 120 CMR 400.00 - Victim Input and Notification of Parole Hearings and Decisions
Section 400.02 - Notification of Parole Eligibility and Release

Universal Citation: 120 MA Code of Regs 120.400

Current through Register 1531, September 27, 2024

(1) Upon receipt of CORI registration, as defined in 120 CMR 100.00: Definitions, the Parole Board shall notify victims of the initial parole eligibility date or parole status of the offender and the victims' right to provide input to the Parole Board during the parole process.

(2) Victims will be notified of the parole hearing date in accordance with the time specifications set forth in 120 CMR 400.02(2)(a) and (b), absent extenuating circumstances. Such circumstances may include, but are not limited to recalculation of the parole eligibility date due to previously unaccounted for earned good time, or where notice of CORI registration is not received within sufficient time for advance notice of the parole hearing or decision.

(a) The Parole Board shall provide notice of the parole release hearing to victims who are eligible to participate in victim access hearings according to 120 CMR 401.00: Victim Access Hearings 60 days prior to the parole release hearing.

(b) The Parole Board shall provide notice of the parole release hearing to victims of all other offenders not less than 30 days prior to the hearing.

(3) Where a parole hearing has been scheduled prior to receipt of CORI registration from a victim, the Parole Board will make reasonable attempts to contact the victim before the scheduled hearing. If possible, the victim will be given a reasonable amount of time to provide information regarding the impact of the crime and the victim's opinion regarding parole release.

(4) Where a parole decision has been made prior to receipt of a CORI registration from a victim, the Parole Board will make all reasonable attempts to notify the victim of such release date and enable the victim to inform the hearing panel of the impact of the crime and of their opinion regarding parole release. Such information may be considered new information not previously known to the panel and may constitute the basis of a rescission hearing.

(5)

(a) CORI registered victims shall be notified of the Parole Board members' decision pursuant to 803 CMR 9.09: Duration and Cancellation of Registrations. If parole release is granted, the registered individuals shall also be notified of the parolee's anticipated date of release, the conditions attached to such release, and, if known at that time, the name and the office telephone number of the supervising parole officer.

(b) If the offender receives a short parole release date that prohibits 14 days advance notice, the Parole Board shall provide immediate notification by telephone and mail to CORI registered individuals. See 803 CMR 9.11: Responsibilities of Custodial and Supervisory Agencies Relevant to Registered Individuals.

(6) After the parole release, victims shall be notified of the actual release date, the name and office telephone number of the supervising parole officer, and the parolee's parole discharge date. If the parole discharge date is adjusted by 14 calendar days or more, the Parole Board shall notify victims of the new date.

(7) Victims shall be notified of the death of a parolee.

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