120 Mass. Reg. 300.05

Current through Register 1523, June 7, 2024
Section 300.05 - Information Considered in Parole Release Decisions
(1) In making a parole or re-parole determination, the parole hearing panel shall consider a risk and needs assessment, whether the inmate has participated in available work opportunities and education or treatment programs, and has demonstrated good behavior. M.G.L. c. 127, § 130. The Parole Board may also consider, if available and relevant, information such as:
(a) reports and recommendations from parole staff;
(b) official reports of the inmate's prior criminal record, including a report or record of earlier probation and parole experiences;
(c) any pending cases;
(d) presentence investigation reports;
(e) official reports of the nature and circumstances of the offense including, but not limited to, police reports, grand jury minutes, decisions of the Massachusetts Appeals Court or the Supreme Judicial Court, and transcripts of the trial or of the sentencing hearing;
(f) statements by any victim of the offense for which the offender is imprisoned about the financial, social, psychological, and emotional harm done to or loss suffered by such victim;
(g) reports of physical, medical, mental, or psychiatric examination of the inmate;
(h) any information that the inmate may wish to provide the parole hearing panel including letters of support from family, friends, community leaders, and parole release plans; and
(i) information provided by the custodial authority, including, but not limited to, disciplinary reports, classification reports, work evaluations, and educational and rehabilitation program achievements.
(2) Individuals including, but not limited to, the inmate, sentencing judges, defense attorneys and prosecutors, who wish to provide relevant information to the parole hearing panel should submit such information to the Parole Board with the inmate's identification clearly indicated by full name, and data such as date of birth, social security number, indictment number, or commitment number. No recommendation as to the suitability for parole release may be considered as binding upon Parole Board members' discretionary authority to grant or deny parole. Parole Board members may exclude information that is unreliable, irrelevant or repetitious.
(3) Prior to making any release decision, the Parole Board may schedule a mental health evaluation for an inmate and Parole Board members may consider the results thereof in making a parole release decision.

120 CMR 300.05

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