Procedure at Initial Parole Release Hearing and Review Hearings for Inmates Serving Life

Sentences (1) For inmates serving sentences with parole eligibility where the maximum term is life, the following comprise the hearing panel: (a) The full Parole Board membership conducts initial release hearings unless a member is unavailable as provided in M.G.L. c. 127, § 133A. Provided, however, that nothing in these regulations shall prevent the inmate from waiving a full Parole Board hearing. No initial release hearing shall proceed unless a majority of Parole Board members are present. Unless the Chair finds a Parole Board member unavailable under M.G.L. c. 127, § 133A, or otherwise disqualified from hearing the case under 120 CMR 300.02(4), any Parole Board member who was not present at the public, initial release hearing shall vote after reviewing the video recording and the written record. (b) The full Parole Board membership conducts review release hearings unless a member is unavailable as provided in M.G.L. c. 127, § 133A. Provided, however, that nothing in these regulations shall prevent the inmate from waiving a full Parole Board hearing. No review release hearing shall proceed unless a majority of Parole Board members are present. Unless the Chair finds a Parole Board member unavailable under M.G.L. c. 127, § 133A, or otherwise disqualified from hearing the case under 120 CMR 300.02(4), any Parole Board member who was not present at the public review release hearing shall vote after reviewing the video recording and the written record. (2) For all inmates serving life sentences, the initial parole release hearing and any subsequent parole review hearings are public proceedings to the extent considerations of security and confidentiality allow. M.G.L. c. 127, § 133A. (a) The Parole Board reserves the right to limit attendance or assign seating in consideration of security and space availability. (b) All individuals in attendance who are not employees of the Parole Board must sign their name and provide their home or work address on a list provided. (c) The Parole Board reserves the right to conduct searches of persons and effects of all individuals in attendance. (d) The hearing is conducted with appropriate decorum. Observers or participants who create any disturbance on or about the premises of the hearing may be removed and barred from the proceeding. (e) The Parole Board may regulate media coverage to ensure order, security, and confidentiality. (3) Pursuant to M.G.L. c. 127, § 133A: (a) The Parole Board shall give notice of the initial parole release hearing and any subsequent parole review hearings for inmates serving life sentences to the following agents of the Commonwealth: 1. Attorney General of the Commonwealth; 2. Office of the District Attorney in which district the sentence was imposed; 3. Chief of Police of the municipality in which the crime was committed; and 4. Executive Office of Public Safety and Security. (b) The Parole Board shall make reasonable efforts to notify the victim(s) or the victim's family members at least 30 days prior to the parole hearing. M.G.L. c. 127, § 133A and M.G.L. c. 258B. (4) Subject to 120 CMR 301.06(2), the following guidelines apply to the presentation of evidence at an initial or review parole hearing for inmates serving life sentences: (a) The Chair of the Parole Board or the designee of the Chair presides over the full Parole Board parole hearing and will administer oaths before the receipt of testimony. (b) The inmate or a representative may make a brief opening statement. (c) The Parole Board members may inquire of the inmate concerning any relevant matter. (d) The Parole Board members shall elicit information regarding the status of the inmate within the Department of Correction. (e) The Parole Board members shall elicit available evidence and testimony from persons advocating parole for the inmate. (f) The Parole Board members shall elicit available evidence and testimony regarding the impact of the crime on the victim(s) or victim's family, and any recommendation by the victim or a representative of the family regarding the issue of parole of the inmate. The Parole Board members shall also elicit available evidence and testimony unfavorable to the inmate upon any relevant subject. (g) Public officials of the Commonwealth may offer evidence and testimony in rebuttal or supplementation of any relevant issue raised during the consideration of parole. (h) The Chair or designee, after the close of evidence and testimony, may permit a closing statement by the inmate or representative. (5) The Parole Board members may allow submission of supplemental memoranda or other documentation from any party after the close of the hearing. Requests for such subsequent submissions must be made at the close of the parole hearing. (6) The full Parole Board shall vote on the final decision regarding parole release at a regularly scheduled executive session following the public hearing. Any decision shall be by majority of the full Board. The Parole Board shall notify the inmate of its decision in writing and the reasons therefor. The decision of the Parole Board members is a public record, as provided by M.G.L. c. 127, § 130.