120 CMR 301.01 - Scheduling of Initial Parole Release Hearing and Subsequent Review Hearings
(1) The parole hearing panel conducts a
parole hearing prior to the parole eligibility date. Such hearings are
conducted at the inmate's place of incarceration, except for offenders serving
a life sentence or Victim Access Hearings conducted pursuant to
120 CMR
401.00: Victim Access Hearings. Where
an inmate is serving a life sentence, the parole release hearing and subsequent
review hearings are public and are generally held in a place easily accessible
by the public.
(2) For offenders
not serving a life sentence, if parole is not granted at the initial parole
release hearing, a parole review hearing occurs annually thereafter, except
where the Parole Board members act to cause a review at an earlier time or as
noted below in 120 CMR 301.01(3) and (4), or where the hearing has been
postponed under
120
CMR 301.02.
(3) In cases involving offenders sentenced as
"habitual criminals" under M.G.L. c. 279, § 25(a), a parole review hearing
occurs two years after the initial parole release hearing and every two years
thereafter. M.G.L. c. 127, § 133B.
(4) In cases involving offenders civilly
committed as sexually dangerous persons who are also serving concurrent house
of correction and/or state prison sentences, a parole review hearing occurs
three years after the initial parole release hearing on the criminal
imprisonment, except where Parole Board members act to cause a review at an
earlier time.
(5) In cases
involving inmates serving life sentences with parole eligibility, a parole
review hearing occurs five years after the initial parole release hearing,
except where the Parole Board members act to cause a review at an earlier time.
M.G.L. c. 127, § 133A. The time period for the next hearing is calculated
from the date of the hearing itself, not from the date the Parole Board renders
a Record of Decision.
Notes
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