120 CMR 302.08 - Procedure at Rescission Hearing
(1) The
Parole Board shall audio record all rescission hearings. At any time during the
hearing, the rescission hearing panel may request that the inmate or
representative leave the hearing room so that the panel may convene privately
to discuss any point of law or fact. Likewise, the inmate and representative
may request a recess in the hearing for conference.
(2) Rescission hearings are conducted
according to the following procedures:
(a)
The presenting member of the rescission hearing panel shall ascertain the
identity of the inmate and whether written notice of charges was
received.
(b) If the inmate is
represented, the presenting member of the rescission hearing panel shall
ascertain the name, address, and telephone number of the
representative.
(c) The presenting
member of the rescission hearing panel shall read or summarize from the written
notice each charge asking that the inmate either "admit" or "deny" the
charge.
(d) The presenting member
shall ask the inmate for factual information regarding each charge including
information in mitigation of the charges. Members of the rescission hearing
panel may question the inmate regarding such information. The focus of the
colloquy will be on the behavior of the inmate and on relevant information
contained in, but not limited to, the inmate's institutional file, police
reports, drug analysis reports, and confidential documentation or
information.
(e) The inmate may
present voluntary witnesses. The inmate may not compel the appearance of any
witnesses. The presenting member may question any voluntary witnesses and, when
concluded, permit other members of the rescission hearing panel to question
such witnesses.
(f) The rescission
hearing panel shall examine any adverse witnesses and shall permit the inmate
or representative to cross examine the adverse witnesses, unless there is good
cause for not allowing confrontation.
(g) The presenting member shall ascertain
whether the other members of the rescission hearing panel wish to question
further the inmate and shall allow such questioning.
Notes
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