120 Mass. Reg. 200.02

Current through Register 1522, May 24, 2024
Section 200.02 - Parole Eligibility Calculations
(1)House of Correction Sentences. An inmate serving a house of correction sentence or total aggregate sentence of 60 days or more shall be eligible for parole. The parole eligibility date for house of correction inmates shall be ½ of the total aggregate term of incarceration or two years, whichever is shorter unless the inmate is serving one or more minimum mandatory terms which exceed two years. The parole eligibility date for a house of correction inmate serving one or more minimum mandatory terms which exceed two years shall occur after the inmate has served a period of incarceration equal to the aggregate length of any minimum mandatory terms.
(2)State Prison Sentences. An inmate serving a state prison term or mandatory minimum sentence shall be eligible for parole after serving the minimum term of sentence minus deductions, if applicable, for earned good time pursuant to M.G.L. c. 127, §§ 129C through D, unless the inmate is serving a life sentence. An inmate sentenced for second degree murder shall be eligible for parole after serving the minimum term of years fixed by the Court pursuant to M.G.L. c. 279, § 24, unless commuted to a lesser sentence which carries an earlier parole eligibility date. M.G.L. c. 265, § 2(c). An inmate sentenced for first degree murder who committed the murder between 14 and 18 years of age shall be eligible for parole after serving the minimum term of years fixed by the Court pursuant to M.G.L. c. 279, § 24, unless commuted to a lesser sentence which carries an earlier parole eligibility date. M.G.L. c. 265, § 2(b). No inmate sentenced for first degree murder who committed the murder on or after the inmate's 18th birthday shall be eligible for parole, unless commuted to a lesser sentence which carries a parole eligibility date. M.G.L. c. 265, § 2(a). Any inmate commuted to a lesser sentence shall be eligible for parole after serving the minimum term of sentence minus deductions, if applicable, for earned good time.

120 CMR 200.02

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