Parole Eligibility for Habitual Criminals and Habitual Offenders

(1) Habitual Criminal. An offender who is sentenced pursuant to M.G.L. c. 279, § 25(a) shall be considered a Habitual Criminal. A Habitual Criminal is parole eligible after serving b of their maximum sentence minus any deductions for earned good time. After serving b of their maximum sentence, a Habitual Criminal shall be eligible for parole every two years until released on parole or the sentence has expired. M.G.L. c, 127, § 133B. (2) Habitual Offender. An offender who is sentenced pursuant to M.G.L. c. 279, § 25(b) shall be considered a Habitual Offender. A Habitual Offender shall be sentenced to the maximum term provided by law for the offense enumerated in M.G.L. c. 279, § 25(b) clause (i). A Habitual Offender is not eligible for parole. M.G.L. c. 127, § 133B. (3) The criteria and parole eligibility for offenders sentenced as Habitual Criminals or Habitual Offenders in 120 CMR 200.12(1) and (2) only applies to triggering offenses occurring on or after August 2, 2012. For offenses occurring prior to August 2, 2012, the statute in effect at the time of the offense governs, with parole eligibility at ½ of the maximum sentence, minus any deductions for earned good time, and no category of Habitual Offenders who are not eligible for parole. (PAGES 117 AND 118 ARE RESERVED FOR FUTURE USE.)