Current through Register 1527, August 2, 2024
Section 302.09 - Rescission Decisions(1) In cases involving individuals serving non-life sentences with parole eligibility: (a) At the conclusion of the hearing, the inmate and representative shall leave the hearing room and the rescission hearing panel shall make its decision in private. This decision making process will not be recorded.(b) After a decision is made, the rescission hearing panel will call the inmate and representative back onto the room, at which time the presenting member shall inform the inmate of the decision as follows: 1. Whether a violation occurred as to each charge;2. Whether parole should be rescinded or whether a new parole date is warranted;3. Whether to modify the conditions of release.(c) The presenting member shall advise the inmate of the right to seek administrative appeal and/or reconsideration under 120 CMR 304.00: Appeal and Reconsideration.(d) At the conclusion of the hearing, the presenting member shall prepare a vote sheet which will contain the final vote of each member of the panel and the reasons for the decision.(e) When the hearing panel does not vote to rescind the parole release date, the decision will be executed forthwith. In addition, Parole Board members may, where appropriate, issue a warning and/or modify the conditions of release.(f) Where the hearing panel votes to rescind a parole date and refuses to grant another release date, the case shall be placed back on the docket for a regularly scheduled review hearing, pursuant to 120 CMR 301.01: Scheduling of Initial Parole Release Hearing and Subsequent Review Hearings. The time period for the next review hearing is calculated from the date of the rescission hearing and decision.(2) In cases involving individuals serving life sentences with parole eligibility: (a) At the conclusion of the hearing, a decision is not rendered by the hearing panel because the case must be referred to the full Board for final vote. 120 CMR 302.01(3).(b) The hearing panel members present a summary of the rescission hearing and their findings to the full Parole Board.(c) The full Board decides by a majority, either by vote at an executive session or by office vote, the following:1. Whether a violation occurred as to each charge;2. Whether parole should be rescinded or whether a new parole date is warranted;3. Whether to modify the conditions of release.(d) When a majority of the full Board does not vote to rescind the parole release date, the decision will be executed forthwith. In addition, Parole Board members may, where appropriate, issue a warning and/or modify the conditions of release.(e) When a majority of the full Board votes to rescind a parole date and refuses to grant another release date, the case shall be placed on the next available docket for Parole Board members to conduct a review hearing in accordance with the provisions of 120 CMR 301.00: Initial Parole Release Hearings; Review Hearings.Amended by Mass Register Issue 1330, eff. 1/13/2017.