120 Mass. Reg. 303.23

Current through Register 1523, June 7, 2024
Section 303.23 - Procedure at Final Revocation Hearing
(1) The Parole Board shall audio record all final revocation hearings. At any time during the final parole revocation hearing, the revocation hearing panel may request that the parolee or representative leave the hearing room so that the panel may convene privately to discuss any point of law or fact. Likewise, the parolee and representative may request a recess in the hearing for conference.
(2) Final revocation hearing are conducted according to the following procedures:
(a) The presenting member of the revocation hearing panel shall ascertain the identity of the parolee and ascertain whether written notice of charges was received.
(b) If the parolee is represented, the presenting member of the revocation hearing panel shall ascertain the name, address, and telephone number of the representative.
(c) The presenting member of the revocation hearing panel shall read or summarize from the written notice each charge asking that the parolee either "admit" or "deny" the charge.
(d) The panel shall ask the parolee for factual information regarding each alleged violation including information in mitigation of the charges.
(e) The parolee may present voluntary witnesses. Members of the panel may question any voluntary witnesses.
(f) Members of the revocation hearing panel shall examine any adverse witnesses and shall permit the parolee or representative to cross-examine the adverse witnesses unless the panel finds good cause for not allowing cross-examination.
(g) Members of the panel shall review all relevant information regarding the parolee's suitability to be returned to parole supervision including, but not limited: to the parolee's institutional conduct since returning to prison as an alleged parole violator, criminal history; home situation; reports of physical, medical, mental, or psychiatric examinations; any pending criminal cases; any outstanding domestic restraining orders; reports of parole staff; and any other information provided by the custodial authority.

120 CMR 303.23

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