Section 303.12 - Recommendation of Hearing Examiner after Preliminary Revocation Hearing; Decision of Parole Board Members(1) The hearing examiner shall prepare a summary of what occurred at the preliminary revocation hearing. The summary shall contain the substance of the responses of the parolee and the documents or evidence given in support of parole revocation and of the parolee's position.(2) Based on the information before the hearing examiner, the hearing examiner shall submit a recommended decision to the Parole Board member(s). The recommendation will contain the following:(a) as to each charge of alleged violations of a condition of parole, an evaluation of whether there exists reasonable grounds to believe that a violation occurred; and(b) upon the entire record, whether there is probable cause to provisionally revoke parole and hold the parolee in custody pending the result of a final revocation hearing.(3) If the recommendation of the hearing examiner is that no probable cause exists to hold the parolee pending a final revocation hearing, a Parole Board member shall review such recommended decision as expeditiously as possible following the receipt of the hearing examiner's recommendation. If the Parole Board member concurs with the recommendation of the hearing examiner and if the parolee is incarcerated pursuant to the Parole Board's authority, then the parolee will be released to resume supervision in the community without unnecessary delay.(4) If the recommendation of the hearing examiner is that probable cause exists to believe that the parolee has violated the conditions of parole, the reviewing Parole Board member shall render a decision and the Parole Board shall notify the parolee of that decision.(5) Where the reviewing Parole Board member disagrees with the recommendation of the hearing examiner, the case is referred to another Parole Board member for review. Where the second Parole Board member disagrees with the previous vote of the Parole Board member, the case is referred to a third Parole Board member. Two agreeing votes as between two Parole Board members shall determine the decision in such circumstances.(6) If the Parole Board finds that a final revocation hearing should occur, all charges which were considered at the preliminary revocation hearing will be addressed at the final revocation hearing notwithstanding that a hearing examiner may not have found reasonable grounds to believe that a particular violation occurred. Any new parole violation charges arising after the preliminary revocation hearing will also be addressed at the final revocation hearing.(7) Even if the Parol Board member finds reasonable grounds to believe that one or more conditions of parole were violated, that Parole Board member may order reinstatement to supervision or release pending further revocation proceedings if the Parole Board member determines that incarceration pending further revocation proceedings is not warranted by the alleged frequency or seriousness of such violations, that the parolee is not likely to fail to appear for further proceedings, and that the parolee does not present a danger to himself or herself or the community.Amended by Mass Register Issue 1330, eff. 1/13/2017.