120 CMR, § 700.06 - Procedure Generally

(1) Parolees seeking a Certificate of Termination shall submit a completed Termination Application to the Office of General Counsel.

(a) Upon request of the Parolee, the Parole Officers shall, within ten days of receipt of Parolee's request, review the Parolee's Termination Application and, if necessary, aid with gathering all required documents within the custody and control of the Parole Board to ensure the Termination Application is complete. The Parolee may also include letters of support and/or other documentation that they feel would be relevant to the Parole Board's decision.

(b) Parolees may only submit one Termination Application per year as set forth in 120 CMR 700.04.

(2) The Office of General Counsel shall review the Termination Application to determine if the Parolee meets the minimum eligibility requirements set forth in 120 CMR 700.04.

(3) If the Office of General Counsel determines that the Parolee does not meet the minimum eligibility requirements, the Office of General Counsel shall, within ten days, notify the Parolee of its determination in writing that their Termination Application is not being referred to the Parole Board for review and vote. The notice shall also indicate that the Parolee may submit another Termination Application in 12 months.

(4) If the Office of General Counsel determines that the Parolee meets the minimum eligibility requirements, the Office of General Counsel shall notify the Parolee and Chief of Field Services of its determination within ten days of receipt of the completed Termination Application and notify the Parole Board that the Termination Application will be provided for review and vote upon completion of the process set forth in 120 CMR 700.06(5).

(5) The Chief of Field Services shall provide the following documents to the Office of the General Counsel within ten days of receipt of notification that the Parolee meets eligibility requirements:

(a) The Parole Officer's favorable or unfavorable recommendation for termination of Parole;

(b) The Parole Supervisor's favorable or unfavorable recommendation for termination of Parole;

(c) The Deputy Chief's favorable or unfavorable recommendation for termination of Parole;

(d) BOP/III/Warrant Inquiries; and

(e) Final written confirmation from law enforcement.

(6) The Office of General Counsel shall have 45 days from receipt of Termination Application from Parolee as set forth in 120 CMR 700.06(1) to provide the Termination Application, along with the documents set forth in 120 CMR 700.06(5), to the Parole Board for review and vote.

(7) Prior to a vote, all certified CORI petitioners shall be contacted by the Victims Services Unit pursuant to M.G.L. c. 6, § 178A.

(8) Within 60 days of receipt of the Termination Application from the Office of the General Counsel, the Parole Board shall vote in executive session in accordance with regulations governing Parole hearings and decision-making. The Board may expand the timeline by a majority vote to allow for supplementation of the application and/or to conduct a hearing, as requested by the Parole Board.

(9) The Parole Board shall provide the Parolee with written notice of its final decision which shall be rendered no later than 30 days after the Parole Board vote. In the event a Certificate of Termination is not granted, such notice shall include the reason for the denial and that the Parolee may submit another Termination Application in one years' time.

(10) In the event a Certificate of Termination is granted, the Parole Board shall furnish a copy to the Commissioner of Correction and the judge who pronounced sentence, in accordance with the terms of M.G.L. c. 127, § 130A. In the event the judge who pronounced sentence is retired or deceased, a copy of the Certificate of Termination shall be forwarded to the Regional Administrative Justice of the Superior Court for the County in which the Parolee was sentenced.

(11) Written notice of the Parole Board's Certificates of Termination shall be provided to all certified CORI petitioners on the next business day following the date of notification to the parolee of the full Parole Board's decision.

Notes

120 CMR, § 700.06

Adopted by Mass Register Issue 1485, eff. 12/23/2022.