501 Mass. Reg. 17.07 : — EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITYMedical Parole — Hearings

(1) Where a petition is filed by or on behalf of a prisoner serving a sentence under M.G.L. c. 265, § 1, the Commissioner may hold a hearing on a medical parole petition pursuant to 501 CMR 17.07. The hearing shall be closed to the public and to the media.
(2) The Commissioner shall determine who may attend the hearing. Attendees may include, but are not limited to:
(a) the prisoner;
(b) the person who petitioned for medical parole, if not the prisoner;
(c) an attorney for the prisoner or petitioner;
(d) the district attorney for the jurisdiction where the offense resulting in the prisoner being committed to the correctional facility occurred, and/or one or more persons designated by the district attorney;
(e) the victim and/or the victim's family, if applicable under M.G.L. c. 258B;
(f) such other Department staff as designated by the Commissioner; and
(g) a representative from the Parole Board.
(3) The hearing may be held within the correctional facility where the prisoner is currently incarcerated or in another suitable location determined by the Commissioner. In the Commissioner's discretion, a telephonic or videoconference hearing may be conducted.
(4) Persons who give oral testimony at the hearing shall testify under oath.
(5) The hearing shall be recorded in a manner to allow a written transcript of the hearing to be produced if necessary.
(6) The Commissioner shall preside over every phase of the hearing and may impose procedural requirements such as reasonable time limits on the length of oral testimony. The Commissioner may ask questions, but otherwise, questioning of witnesses by attendees shall not be allowed.
(7) The Commissioner shall not be bound by the laws of evidence observed by the courts of the Commonwealth.

501 CMR 17.07

Adopted by Mass Register Issue 1396, eff. 7/26/2019.
Amended by Mass Register Issue 1467, eff. 4/15/2022.