120 CMR 303.23
Procedure at Final Revocation Hearing
(1) The Parole Board shall audio record all final revocation hearings. At any time during the
final parole revocation hearing, the revocation hearing panel may request that the parolee or
representative leave the hearing room so that the panel may convene privately to discuss any
point of law or fact. Likewise, the parolee and representative may request a recess in the hearing
for conference.
(2) Final revocation hearing are conducted according to the following procedures:
(a) The presenting member of the revocation hearing panel shall ascertain the identity of the
parolee and ascertain whether written notice of charges was received.
(b) If the parolee is represented, the presenting member of the revocation hearing panel shall
ascertain the name, address, and telephone number of the representative.
(c) The presenting member of the revocation hearing panel shall read or summarize from
the written notice each charge asking that the parolee either “admit” or “deny” the charge.
(d) The panel shall ask the parolee for factual information regarding each alleged violation
including information in mitigation of the charges.
(e) The parolee may present voluntary witnesses. Members of the panel may question any
voluntary witnesses.
(f) Members of the revocation hearing panel shall examine any adverse witnesses and shall
permit the parolee or representative to cross-examine the adverse witnesses unless the panel
finds good cause for not allowing cross-examination.
(g) Members of the panel shall review all relevant information regarding the parolee's
suitability to be returned to parole supervision including, but not limited: to the parolee’s
institutional conduct since returning to prison as an alleged parole violator, criminal history;
home situation; reports of physical, medical, mental, or psychiatric examinations; any
pending criminal cases; any outstanding domestic restraining orders; reports of parole staff;
and any other information provided by the custodial authority.