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120 Mass. Reg. 301.01 : — PAROLE BOARDInitial Parole Release Hearings; Review Hearings — Scheduling of Initial Parole Release Hearing and Subsequent Review Hearings
Text
(1)
The parole hearing panel conducts a parole hearing prior to the parole eligibility date. Such hearings are conducted at the inmate's place of incarceration, except for offenders serving a life sentence or Victim Access Hearings conducted pursuant to
120 CMR 401.00
:
Victim Access Hearings
. Where an inmate is serving a life sentence, the parole release hearing and subsequent review hearings are public and are generally held in a place easily accessible by the public.
(2)
For offenders not serving a life sentence, if parole is not granted at the initial parole release hearing, a parole review hearing occurs annually thereafter, except where the Parole Board members act to cause a review at an earlier time or as noted below in 120 CMR 301.01(3) and (4), or where the hearing has been postponed under
120 CMR 301.02
.
(3)
In cases involving offenders sentenced as "habitual criminals" under M.G.L. c. 279, § 25(a), a parole review hearing occurs two years after the initial parole release hearing and every two years thereafter. M.G.L. c. 127, § 133B.
(4)
In cases involving offenders civilly committed as sexually dangerous persons who are also serving concurrent house of correction and/or state prison sentences, a parole review hearing occurs three years after the initial parole release hearing on the criminal imprisonment, except where Parole Board members act to cause a review at an earlier time.
(5)
In cases involving inmates serving life sentences with parole eligibility, a parole review hearing occurs five years after the initial parole release hearing, except where the Parole Board members act to cause a review at an earlier time. M.G.L. c. 127, § 133A. The time period for the next hearing is calculated from the date of the hearing itself, not from the date the Parole Board renders a Record of Decision.
120 CMR 301.01
Amended by Mass Register Issue 1330, eff. 1/13/2017.
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