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| 2 | 2 | | HOUSE DOCKET, NO. 1984 FILED ON: 1/19/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2398 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Lindsay N. Sabadosa |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to promote equitable access to parole. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Lindsay N. Sabadosa1st Hampshire1/19/2023Bud L. Williams11th Hampden1/25/2023Erika Uyterhoeven27th Middlesex2/22/2023Samantha Montaño15th Suffolk2/25/2023Michelle L. Ciccolo15th Middlesex3/2/2023 1 of 9 |
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| 16 | 16 | | HOUSE DOCKET, NO. 1984 FILED ON: 1/19/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2398 |
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| 18 | 18 | | By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 2398) |
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| 19 | 19 | | of Lindsay N. Sabadosa and others relative to access to parole. Public Safety and Homeland |
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| 20 | 20 | | Security. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
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| 24 | 24 | | (2023-2024) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act to promote equitable access to parole. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 SECTION 1. Section 4 of chapter 27 of the General Laws, as appearing in the 2016 |
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| 30 | 30 | | 2Official Edition, is hereby amended by striking out the first paragraph and inserting in place |
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| 31 | 31 | | 3thereof the following paragraph:- |
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| 32 | 32 | | 4 "There shall be in the department, but not subject to its jurisdiction, a parole board, |
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| 33 | 33 | | 5consisting of nine members, to be appointed by the governor, with the advice and consent of the |
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| 34 | 34 | | 6council, for terms of five years. The governor may, with the advice and consent of the council, |
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| 35 | 35 | | 7remove members from the board for cause, upon a written certification of such cause; provided |
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| 36 | 36 | | 8that such member shall have the right to notice and the opportunity for a public hearing before |
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| 37 | 37 | | 9the council relative to such removal." |
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| 38 | 38 | | 10 SECTION 2. Section 4 of said chapter 27, as so appearing, is hereby amended by |
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| 39 | 39 | | 11inserting after the second paragraph the following paragraph:- 2 of 9 |
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| 40 | 40 | | 12 "At all times, at least four members of the parole board shall have at least five years of |
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| 41 | 41 | | 13experience in fields of psychiatry, psychology, social work, or the treatment of substance use |
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| 42 | 42 | | 14disorder. One of those four members must be a licensed mental health professional, as defined in |
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| 43 | 43 | | 15G.L. c. 123, § 1. And at all times one of the nine members of the board shall be a formerly |
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| 44 | 44 | | 16incarcerated individual who has completed the parole process three or more years prior and who |
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| 45 | 45 | | 17has a background in at least one of the following areas: psychology, mental health and/or |
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| 46 | 46 | | 18substance use, transitional housing, re-entry after incarceration, public safety, or law. If, at any |
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| 47 | 47 | | 19time, the parole board does not have the above designated five members, then, until the board |
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| 48 | 48 | | 20composition complies with this requirement, every candidate recommended for a parole board |
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| 49 | 49 | | 21position must possess at least one of the qualifications listed above. All members of the Parole |
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| 50 | 50 | | 22Board, parole officers, and transitional service unit employees shall undergo annual cultural |
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| 51 | 51 | | 23competency and implicit bias training, and structural racism education. This provision applies |
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| 52 | 52 | | 24notwithstanding any other provision of law.” |
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| 53 | 53 | | 25 SECTION 3: Section 133A of chapter 127 of the General Laws, as appearing in the 2016 |
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| 54 | 54 | | 26Official Edition, is hereby amended by striking out the first paragraph in its entirety and |
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| 55 | 55 | | 27replacing it with the following paragraph: |
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| 56 | 56 | | 28 "Every prisoner who is serving a sentence for life in a correctional institution of the |
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| 57 | 57 | | 29Commonwealth, except prisoners serving a life sentence for murder in the first degree who had |
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| 58 | 58 | | 30attained the age of 18 years at the time of the murder and except prisoners serving more than one |
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| 59 | 59 | | 31life sentence arising out of separate and distinct incidents that occurred at different times, where |
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| 60 | 60 | | 32the second offense occurred subsequent to the first conviction, shall be eligible for parole at the |
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| 61 | 61 | | 33expiration of the minimum term fixed by the court under section 24 of chapter 279. The parole |
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| 62 | 62 | | 34board shall, for every person who is eligible for parole, conduct a public hearing no later than 90 3 of 9 |
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| 63 | 63 | | 35days before the person’s parole eligibility date. The hearing shall be before a panel of at least six |
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| 64 | 64 | | 36members of the board for purposes of granting parole. The Board shall issue its record of |
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| 65 | 65 | | 37decision no later than 30 days before the parole eligibility date for initial parole hearings, and for |
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| 66 | 66 | | 38review hearings, within 60 days of the hearing. If a board member has a conflict of interest to the |
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| 67 | 67 | | 39extent that he or she cannot render a fair and impartial decision or that the appearance of a board |
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| 68 | 68 | | 40member would be unduly burdensome because of illness, incapacitation, or other circumstance, |
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| 69 | 69 | | 41the chair shall appoint another member of the board to the hearing panel. Whether a member is |
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| 70 | 70 | | 42unavailable for the purposes of this section shall be determined by the chair. Board members |
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| 71 | 71 | | 43shall appear unless said chair determines them to be unavailable. Under no circumstances shall a |
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| 72 | 72 | | 44parole hearing proceed pursuant to this section unless at least five members are present at the |
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| 73 | 73 | | 45public hearing, with the sixth member voting after watching a recording of the hearing." |
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| 74 | 74 | | 46 SECTION 4. Section 133A of chapter 127 of the General Laws, as so appearing, is |
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| 75 | 75 | | 47hereby further amended by striking out the third paragraph and inserting in place thereof the |
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| 76 | 76 | | 48following paragraph:- |
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| 77 | 77 | | 49 "After such hearing the parole board may, by a vote of a majority of the hearing panel, |
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| 78 | 78 | | 50grant to such prisoner a parole permit to be at liberty upon such terms and conditions as it may |
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| 79 | 79 | | 51prescribe for the unexpired term of his sentence. If such permit is not granted, the parole board |
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| 80 | 80 | | 52shall, at least once in each ensuing three year period, consider carefully and thoroughly the |
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| 81 | 81 | | 53merits of each such case on the question of releasing such prisoner on parole, and may, by a vote |
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| 82 | 82 | | 54of the majority of the hearing panel, grant such parole permit. By request of the hearing panel, |
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| 83 | 83 | | 55any case may be referred to the full membership of the board for further consideration." 4 of 9 |
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| 84 | 84 | | 56 SECTION 5: Section 136 of chapter 127 of the General Laws, as appearing in the 2016 |
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| 85 | 85 | | 57Official Edition, is hereby amended by adding after the first paragraph the following:- |
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| 86 | 86 | | 58 "Any information provided to the board shall also be made available to the prisoner or the |
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| 87 | 87 | | 59prisoner's representative except for such portion thereof which contains information the board |
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| 88 | 88 | | 60determines is actually necessary to keep confidential to protect the security of a criminal or civil |
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| 89 | 89 | | 61investigation, to protect anyone from physical harm or to protect the source of any information; |
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| 90 | 90 | | 62provided, however, that it was obtained under a promise of confidentiality." |
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| 91 | 91 | | 63 SECTION 6. Section 130 of chapter 127 of the General Laws, as amended by St. 2018, c. |
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| 92 | 92 | | 6472, § 6, eff. Jan. 13, 2019, is hereby struck and replaced with the following paragraphs:- |
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| 93 | 93 | | 65 All parole release and revocation hearings shall be recorded and securely stored, and the |
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| 94 | 94 | | 66recordings shall be available to parole applicants, the victim/survivor, and their respective |
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| 95 | 95 | | 67counsel promptly upon request. All recordings of parole hearings for people serving life |
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| 96 | 96 | | 68sentences shall be public records. Representation of parole applicants by attorneys or law |
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| 97 | 97 | | 69students under attorney supervision shall be permitted. |
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| 98 | 98 | | 70 A parole permit shall be granted unless the board determines by clear and convincing |
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| 99 | 99 | | 71evidence that, even if released with appropriate conditions and community supervision, the |
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| 100 | 100 | | 72prisoner will not live and remain at liberty without violating the law. Assessment as low risk on a |
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| 101 | 101 | | 73recent validated risk assessment tool, completion of institutional program plans, or placement in |
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| 102 | 102 | | 74a minimum security or prerelease setting shall indicate readiness for parole release. |
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| 103 | 103 | | 75 The board shall consider the prisoner’s participation in available work opportunities, |
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| 104 | 104 | | 76educational opportunities and treatment programs and the prisoner’s demonstrated good |
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| 105 | 105 | | 77behavior. The board shall also consider whether community-based risk reduction programs, 5 of 9 |
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| 106 | 106 | | 78made available through collaboration with criminal justice agencies or with the Department of |
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| 107 | 107 | | 79Mental Health, Department of Developmental Disabilities or Department of Public Health, and |
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| 108 | 108 | | 80other aspects of the prisoner's parole plan would minimize the probability of the prisoner |
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| 109 | 109 | | 81reoffending once released. During any periods of state or public health or other emergency that |
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| 110 | 110 | | 82impact the operations of the prison system, the parole board shall consider any public health or |
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| 111 | 111 | | 83public interest in granting parole and shall consider the impact of continued incarceration on the |
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| 112 | 112 | | 84incarcerated person’s own health and safety. |
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| 113 | 113 | | 85 The Board shall not consider evidence of conduct, either criminal, juvenile, or |
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| 114 | 114 | | 86institutional, that was dismissed, not charged, or resulted in a disposition other than a guilty |
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| 115 | 115 | | 87finding. |
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| 116 | 116 | | 88 The record of the board's decision shall contain a summary statement of the evidence |
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| 117 | 117 | | 89presented at the hearing and shall include specific reasons for the decision that are particular to |
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| 118 | 118 | | 90that parole applicant, including written certification that each board member voting on the issue |
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| 119 | 119 | | 91of granting a parole permit has reviewed the entire criminal record of the applicant, as well as the |
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| 120 | 120 | | 92number of members voting in favor of granting a parole permit and the number of members |
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| 121 | 121 | | 93voting against granting a parole permit. Minority or dissenting votes shall be accompanied by a |
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| 122 | 122 | | 94statement of reasons for that vote written by that board member. Any record of decision denying |
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| 123 | 123 | | 95parole shall specify, in detail and not in conclusory terms, the reasons for the denial, all evidence |
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| 124 | 124 | | 96relied upon, and the particular tasks that the applicant must complete prior to the next hearing in |
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| 125 | 125 | | 97order to gain a parole permit. Any minority or dissenting opinions shall be included in the record |
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| 126 | 126 | | 98of decision. Said record of decision shall become a public record and shall be available to the |
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| 127 | 127 | | 99public except for such portion thereof which contains information upon which said decision was |
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| 128 | 128 | | 100made which said information the board determines is actually necessary to keep confidential to 6 of 9 |
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| 129 | 129 | | 101protect the security of a criminal or civil investigation, to protect anyone from physical harm or |
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| 130 | 130 | | 102to protect the source of any information; provided, however, that it was obtained under a promise |
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| 131 | 131 | | 103of confidentiality. All such confidential information shall be segregated from the record of |
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| 132 | 132 | | 104decision and shall not be available to the public. Said confidential information may remain secret |
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| 133 | 133 | | 105only as long as publication may defeat the lawful purposes of this section for confidentiality |
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| 134 | 134 | | 106hereunder, but no longer. |
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| 135 | 135 | | 107 For any prisoner with a disability, the parole board must consider whether provision of |
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| 136 | 136 | | 108reasonable accommodations will enable the prisoner to live and remain at liberty without |
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| 137 | 137 | | 109violating the law. Prisoners with disabilities that may impact the likelihood of parole release |
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| 138 | 138 | | 110shall have a right to appointed counsel and shall have the right to expert funds pursuant to |
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| 139 | 139 | | 111chapter 261. The board shall evaluate disability utilizing a qualified screening tool at minimum |
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| 140 | 140 | | 112three times prior to anticipated parole hearing date, including upon incarceration or |
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| 141 | 141 | | 113reincarceration. |
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| 142 | 142 | | 114 Upon issuance of a grant of parole to anyone who needs specialized care due to bodily |
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| 143 | 143 | | 115infirmity or disease and who is unable to secure a home plan, the parole board shall notify the |
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| 144 | 144 | | 116Commissioner of the Department of Public Health who shall secure a medically appropriate |
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| 145 | 145 | | 117placement for such prisoner within 60 days. No individual who has been granted parole shall |
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| 146 | 146 | | 118remain incarcerated for failure to secure an appropriate home plan. |
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| 147 | 147 | | 119 Any and all parole guidelines, policies and practices must be publicly available. The |
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| 148 | 148 | | 120board shall also make adjustments in its guidelines, policies and practices to prevent systemic |
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| 149 | 149 | | 121disparate impact based solely on prisoners' race, ethnicity, sexual orientation, gender identity, or 7 of 9 |
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| 150 | 150 | | 122socio-economic characteristics. The board shall produce a public report detailing its assessment |
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| 151 | 151 | | 123of the guidelines, policies and practices adjustments made to each as a result thereof. |
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| 152 | 152 | | 124 A prisoner to whom a parole permit is granted shall be allowed to go upon parole outside |
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| 153 | 153 | | 125prison walls and enclosure upon such terms and conditions as the parole board shall prescribe, |
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| 154 | 154 | | 126but shall remain, while thus on parole, subject to the jurisdiction of such board until the |
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| 155 | 155 | | 127expiration of the term of imprisonment to which he has been sentenced or until the date which |
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| 156 | 156 | | 128has been determined by deductions from the maximum term of his sentence or sentences for |
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| 157 | 157 | | 129good conduct and any further deductions for compliance credits granted pursuant to section |
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| 158 | 158 | | 130130C, provided that such combined deductions shall not exceed 35 per cent of the term of |
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| 159 | 159 | | 131imprisonment to which the prisoner has been sentenced, or until such earlier date as the board |
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| 160 | 160 | | 132shall determine that it is in the public interest for such prisoner to be granted a certificate of |
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| 161 | 161 | | 133termination of sentence. Once a person has lived on parole for three years without violating the |
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| 162 | 162 | | 134law, upon application, the Board shall terminate their parole pursuant to MGL c. 127, sec 130A |
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| 163 | 163 | | 135unless there is clear and convincing evidence that it is in the public interest for parole to |
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| 164 | 164 | | 136continue. |
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| 165 | 165 | | 137 Each condition of parole imposed by the parole board shall be reasonably related to the |
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| 166 | 166 | | 138crime of conviction of the person placed on parole and no more restrictive than necessary to |
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| 167 | 167 | | 139assure the parolee can live safely in the community. For each condition imposed, the parole |
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| 168 | 168 | | 140board shall state the reasonable relation the condition has to the person’s crime of conviction and |
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| 169 | 169 | | 141why no less restrictive conditions would assure the parolee’s safety in the community. |
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| 170 | 170 | | 142 No person placed on parole shall be prohibited from associating with another person or |
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| 171 | 171 | | 143group of people, except that the parole board may impose a condition prohibiting association 8 of 9 |
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| 172 | 172 | | 144with a specific, named person or persons if the prohibition on association is reasonably related to |
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| 173 | 173 | | 145the crime of conviction. |
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| 174 | 174 | | 146 No person placed on parole shall be prohibited from using or possessing alcohol or drugs, |
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| 175 | 175 | | 147or subject to testing for alcohol or drug use, unless the use or possession of alcohol or drugs is |
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| 176 | 176 | | 148reasonably related to the crime of conviction. |
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| 177 | 177 | | 149 If the parole board requires as a condition of parole that the person reside in alcohol and |
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| 178 | 178 | | 150drug free housing within the commonwealth, the parole board shall require the parole officer to |
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| 179 | 179 | | 151refer the defendant only to alcohol and drug free housing certified under section 18A of chapter |
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| 180 | 180 | | 15217 and the parole officer shall require the defendant to reside in such certified housing in order to |
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| 181 | 181 | | 153satisfy such condition. If accredited alcohol and drug free housing is not available, the parole |
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| 182 | 182 | | 154board shall permit the parole officer to refer the person placed on supervised probation to alcohol |
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| 183 | 183 | | 155and substance free housing that is available and that appropriately supports the recovery goals of |
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| 184 | 184 | | 156the person. If the parole board imposes as a condition of parole that the person reside in alcohol |
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| 185 | 185 | | 157and drug free housing in another state, the parole board may permit the parole officer to refer the |
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| 186 | 186 | | 158person to alcohol and drug free housing that, in the parole board’s discretion, appropriately |
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| 187 | 187 | | 159supports the recovery goals of the person. |
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| 188 | 188 | | 160 If the parole board requires as a condition of parole that the person enroll in any program, |
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| 189 | 189 | | 161including but not limited to treatment for substance use or an educational program, the parole |
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| 190 | 190 | | 162board shall ensure that such program is available in the county in which the person will reside. |
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| 191 | 191 | | 163The parole board shall require the parole officer to provide support to the person to assist with |
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| 192 | 192 | | 164identifying appropriate programs, applying or enrolling, and other positive supports. A good 9 of 9 |
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| 193 | 193 | | 165faith effort to enroll in programs shall not be grounds for a violation notice to issue and shall be a |
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| 194 | 194 | | 166defense to an alleged violation of any parole condition involving program enrollment. |
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| 195 | 195 | | 167 No person placed on parole shall be found to have violated a condition of parole solely on |
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| 196 | 196 | | 168the basis of possession or use of a controlled substance that is legal or has been lawfully |
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| 197 | 197 | | 169dispensed pursuant to a valid prescription to that person by a health professional registered to |
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| 198 | 198 | | 170prescribe a controlled substance pursuant to chapter 94C and acting within the lawful scope of |
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| 199 | 199 | | 171the health professional's practice. |
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| 200 | 200 | | 172 No person placed on parole shall have a parole permit revoked solely for violating a |
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| 201 | 201 | | 173condition of parole that does not result in a new conviction. |
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| 202 | 202 | | 174 The board shall keep and aggregate data on grants and denials of parole and rescissions |
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| 203 | 203 | | 175and revocations of parole. This data shall be released to the public on a quarterly basis. The data |
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| 204 | 204 | | 176shall include, but not be limited to, race, ethnicity, gender, voluntarily disclosed sexual |
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| 205 | 205 | | 177orientation, disability, the type of crime, the type of parole hearing including whether a release |
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| 206 | 206 | | 178hearing was an initial hearing, a review hearing or a review after revocation hearing, the length |
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| 207 | 207 | | 179of the prisoner's sentence and the amount of time served. For release hearings, the data shall |
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| 208 | 208 | | 180include the time elapsed between a grant of parole and the date the prisoner is released on parole. |
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| 209 | 209 | | 181 Section 7 - Section 158 of chapter 127 of the General Laws as appearing in the 2016 |
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| 210 | 210 | | 182Official Edition, is hereby amended by adding after the word “employment” in the first |
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| 211 | 211 | | 183paragraph the following: “housing, mental health services, medical care, and treatment for |
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| 212 | 212 | | 184substance use disorders, or any other services necessary for them to live successfully in the |
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| 213 | 213 | | 185community” |
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