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 mayrequest 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.