Evidentiary Process at Final Revocation Hearing

(1) The final revocation hearing is conducted by the presenting member of the revocation hearing panel. The presenting member may compel the attendance of witnesses, the production of exhibits, and testimony by duly issued summons as provided in M.G.L. c 233, § 8. 303.22: continued (2) The strict rules of evidence do not apply at final revocation hearings. The parolee may present witnesses and documentary evidence. However, the presenting member of the revocation hearing panel may limit or exclude any irrelevant or repetitious testimony or documentary evidence. (3) The revocation hearing panel may take into account any reliable and relevant information available to it in establishing a violation of any parole condition. If the parolee remains silent, the revocation hearing panel bases its decision on the available evidence. (4) The decision of the revocation hearing panel or full Board is based on a preponderance of the evidence. See 120 CMR 100.00: Definitions. (5) Adverse witnesses who are present shall be available for questioning and cross examination in the presence of the parolee, unless the panel finds good cause to disallow cross examination. (6) At the final revocation hearing, the revocation hearing panel shall disclose to the parolee all evidence upon which it may base a finding of violation of one or more conditions of parole. (a) The revocation hearing panel may disclose documentary evidence by permitting the parolee to examine the document during the hearing, or where appropriate, by reading or summarizing the document or portions thereof in the presence of the parolee. (b) If the panel determines for good cause that certain information should not be disclosed to the parolee pursuant to 120 CMR 500.00: Dissemination of CORI, Evaluative Information, and Intelligence Information, that information will be disclosed in a summary manner. Information that is not disclosed in some manner to the parolee may not be used by the panel in making its decision. (7) A parolee may be represented at a revocation hearing by an attorney or by a law student under the supervision of an attorney. The parole hearing panel may permit a qualified individual to represent an inmate who, because of a mental, psychiatric, medical, physical condition, or language barrier, is not competent to offer testimony at or understand the proceedings.