120 Mass. Reg. 101.01

Current through Register 1522, May 24, 2024
Section 101.01 - Powers and Duties of the Massachusetts Parole Board
(1) Members of the Parole Board review, authorize, and promulgate the regulations, policies, and procedures of the agency.
(2) Members of the Parole Board issue parole permits, where appropriate, authorizing the holder to serve the remainder of the sentence in the community under the supervision of a parole officer, subject to revocation for violation of parole conditions.
(a) Parole Board members hold a parole hearing prior to the eligibility date for each inmate subject to its jurisdiction and serving a sentence or sentences of 60 days or more. M.G.L. c. 127, §§ 128 and 134.
(b) Parole Board members determine which inmates who are subject to their jurisdiction may be released on parole. M.G.L. c. 127, § 130.
(c) Parole Board members determine the date of release. M.G.L. c. 27, § 5.
(3) Parole Board members determine under what conditions inmates may be released from incarceration to the community under parole supervision. M.G.L. c. 27, § 5.
(a) Parole Board members specify the terms and conditions of parole in writing. The Parole Board gives the parolee, the State Police, and local police department in the municipality to which the parolee will return a copy of the terms and conditions of parole. M.G.L. c. 27, § 5.
(b) Parole Board members may revise, alter, or amend the terms and conditions on which parole permits are granted where there is a change in circumstances during the term of parole. M.G.L. c. 27, § 5.
(4) The Parole Board supervises all offenders released on parole from a Massachusetts sentence and all offenders paroled by other states and accepted by Massachusetts under the provisions of the Interstate Compact for Supervision of Adult Offenders. M.G.L. c. 27, § 5 and c. 127, § 151A.
(a) The Parole Board retains jurisdiction over an offender granted a parole from a Massachusetts sentence until the parole discharge date or until the parolee is returned to penal custody after violation of parole.
(b) Parole Board members may permit a parolee to serve the Massachusetts parole term in any other state that is part of the Interstate Compact for Supervision of Adult Offenders with the consent of the other state. M.G.L. c. 127, §§ 151A through C.
(5) The Parole Board may conduct investigations of offenders it is considering for release on parole and for revocation of parole. M.G.L. c. 27, § 5(b), and c. 127, § 158.
(6) The Parole Board members may revoke parole status at any time prior to the parole discharge date. Where applicable, the Parole Board notifies CORI registered individuals of such revocation as provided in M.G.L. c. 258B, § 3.
(7) The Parole Board may issue warrants for the return of a parolee to a correctional facility, jail, or a place of detention. M.G.L. c. 127, §§ 149, 149A and 151I.
(8) The Parole Board members serve as the Governor's Advisory Board of Pardons on matters of executive clemency. M.G.L. c. 127, § 154.
(a) The Parole Board may conduct investigations of offenders it is considering for recommendation for pardon or commutation.
(b) The Parole Board supervises all offenders granted commutation of sentence by the Governor and Executive Council and placed on parole or where a pardon is granted under parole conditions. M.G.L. c. 27, § 5.
(c) The Parole Board may order the arrest and detention of any individual granted commutation of sentence by the Governor and Executive Council and placed on parole, or pardoned under parole conditions, for violation of the conditions of such parole or pardon. M.G.L. c. 127, § 155.
(9) The Parole Board may summon witnesses to attend and testify, and to produce books and papers at a hearing on any matter within its authority. M.G.L. c. 233, § 8. The Parole Board may seek an order from a justice of the Supreme Judicial Court or the Superior Court compelling the attendance of a witness who has been so summoned and fails to attend a hearing. M.G.L. c. 233, §§ 9 through 11.

120 CMR 101.01

Amended by Mass Register Issue 1330, eff. 1/13/2017.