120 Mass. Reg. 303.07

Current through Register 1523, June 7, 2024
Section 303.07 - Postponement of Preliminary Revocation Hearing
(1) A parolee may request postponement of the preliminary parole revocation hearing. Such postponement request may be made prior to or at the beginning of the preliminary revocation hearing.
(2) The hearing examiner may postpone the preliminary parole revocation hearing for reasons including, but not limited to:
(a) in order for the parolee to obtain representation by an attorney;
(b) in order for the parolee to arrange for the attendance of witnesses;
(c) the parolee did not receive proper notice;
(d) the hearing examiner has insufficient information upon which to conduct a meaningful hearing;
(e) to obtain the services of an interpreter; or
(f) the parolee is committed to a facility for mental health treatment or for detoxification. A commitment to such a facility interrupts the running of a warrant for temporary custody of a parolee issued under M.G.L. c. 127, § 149A.
(3) Where such hearing is postponed, a second warrant for temporary custody may issue, as provided in 120 CMR 303.04(3). Postponed preliminary revocation hearings shall be rescheduled as expeditiously as possible.

120 CMR 303.07

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