Definitions

For the purposes of 120 CMR 401.00 only: Hearing. An inmate's initial eligibility, annual review, special consideration, reconsideration, and/or appeal hearings for those inmates who are serving sentences as described in 120 CMR 401.01. Hearing also refers to final revocation hearings under 120 CMR 303.16: Withdrawal, Service, or Vacating of the Parole Violation Warrant and rescission hearings under 120 CMR 302.08: Procedure at Rescission Hearing, where the conduct forming the basis of the revocation or rescission was directed at or involved the victim or a member of the victim’s family. Victim. (a) Surviving victim(s) of crime. Persons who are victims of violent crimes or sex offenses, as those terms are defined in M.G.L. c. 127, § 133E. (b) The surviving family members of a person who is deceased as a result of the commission of a crime as defined in 120 CMR 401.01. Surviving family members shall include, but not be limited to, parent, stepparent or guardian of the deceased; spouse or person with whom the deceased lived with in a relationship similar to marriage; child, stepchild, grandchild of the deceased who has attained 18 years of age; grandparent, aunt, uncle, sibling, cousin, niece, nephew, or in-law of the deceased who has attained the age of 18; grandparent, sibling, aunt, uncle, niece, nephew, and/or guardian of a minor child or stepchild of the deceased. M.G.L. c. 127, § 133C. The Parole Board, in its discretion, may allow other relations of the deceased to testify. Surviving family members, as that term is used in 120 CMR 401.00, shall not include those persons who have been charged in relation to the crime against the victim. M.G.L c. 258B, § 1. (c) Parents or legal guardians of minor victims of violent crimes or sex offenses, as those terms are defined in M.G.L. c. 127, § 133E. The Parole Board, in its discretion, may allow other relations of the victim to testify. Parents, legal guardians, or other relations, as those terms are used in 120 CMR 401.00, shall not include those persons who have been charged in relation to the crime against the victim. M.G.L. c. 258B, § 1. In order to testify in any parole hearing pursuant to 120 CMR 401, victim(s), as that term is defined in 120 CMR 401.02, must be CORI registered by the Department of Criminal Justice Information Services pursuant to M.G.L. c. 6, § 172 and 803 CMR 9.00: Victim Notification Registry (VNR). (MA REG. # 1330, Dated 1-13-17) 120 CMR: PAROLE BOARD