Section 303.24 - Revocation Decision(1) In cases involving individuals serving non-life sentences with parole eligibility: (a) At the conclusion of the hearing, the parolee and representative shall leave the hearing room and the revocation hearing panel shall make its decision in private. This decision making process will not be recorded.(b) After a decision is made, the revocation hearing panel will call the parolee and representative back into the hearing room, at which time the presenting member shall inform the parolee of the decision as follows: 1. Whether a violation occurred as to each charge;2. Whether parole status should be revoked or whether reparole is warranted.(c) The presenting member shall advise the parolee 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 revocation hearing panel does not find, by a preponderance of the evidence, that the parolee violated any condition of parole, Parole Board members shall restore the parolee to supervision within 24 hours. However, the Parole Board may delay release of the parolee if necessary to assure that the parolee has an approved home plan or to notify a crime victim or a CORI-registered individual. See120 CMR 500.04: Dissemination of CORI to Registered Individuals. Where appropriate, the Parole Board members may modify the previous conditions of release.(f) When the revocation hearing panel finds, by a preponderance of the evidence, that the parolee violated a condition of parole, the Parole Board members shall affirm the revocation of parole and may take any of the following actions: 1. set a reparole date, in accordance with 120 CMR 401.05: Notification of Decision, which may be subject to the fulfillment of certain conditions, such as obtaining approved home, work or treatment; or2. deny reparole and 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 hearing is calculated from the date of the final revocation hearing and decision.(g) Where there are criminal charges pending against the parolee, there is a strong presumption against reparole.(h) Where criminal charges are resolved with a finding of not guilty, Parole Board members may revoke parole if, upon reviewing the facts, they determine by a preponderance of the evidence that the parolee has violated a condition of parole.(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 303.16(2).(b) The hearing panel members present a summary of the final revocation hearing and their findings to the full Board.(c) The full Board decides by a majority vote, 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 status should be revoked or whether reparole is warranted.(d) When the full Board does not find, by a preponderance of the evidence, that the parolee violated any condition of parole, Parole Board members shall restore the parolee to supervision within 24 hours. However, the Parole Board may delay release of the parolee if necessary to assure that the parolee has an approved home plan or to notify a crime victim or a CORI-registered individual. See120 CMR 500.04: Dissemination of CORI to Registered Individuals. Where appropriate, Parole Board members may modify the previous conditions of release.(e) When the full Board by majority vote finds, by a preponderance of the evidence, that the parolee violated a condition of parole, the Parole Board shall affirm the revocation of parole and may take any of the following actions:1. set a reparole date, in accordance with 120 CMR 401.05: Notification of Decision, which may be subject to the fulfillment of certain conditions, such as obtaining approved home, work, or treatment; or2. deny reparole and place the case 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.(f) Where there are criminal charges pending against the parolee, there is a strong presumption against reparole.(g) Where criminal charges are resolved with a finding of not guilty, the full Board may revoke parole if, upon reviewing the facts, they determine by a preponderance of the evidence that the parolee has violated a condition of parole.Amended by Mass Register Issue 1330, eff. 1/13/2017.