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.