Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1540 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1004 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1540
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Liz Miranda
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to reform parole supervision in the interest of justice.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Liz MirandaSecond SuffolkLindsay N. Sabadosa1st Hampshire2/13/2023 1 of 8
16	16	SENATE DOCKET, NO. 1004 FILED ON: 1/18/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1540
18	18	By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1540) of Liz Miranda and Lindsay
19	19	N. Sabadosa for legislation to reform parole supervision in the interest of justice. Public Safety
20	20	and Homeland Security.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1600 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act to reform parole supervision in the interest of justice.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 5 of chapter 27 of the general laws, as so appearing, is hereby
32	32	2amended by inserting in clause (a) after the words “under what conditions,” the following
33	33	3words:- "pursuant to section 131 of chapter one hundred and twenty-seven,".
34	34	4 SECTION 2. Section 119A of chapter 127 of the general laws, as so appearing, is hereby
35	35	5amended by striking out paragraph (f) and inserting in place thereof:-
36	36	6 (f) A prisoner granted release under this section shall be under the jurisdiction,
37	37	7supervision and control of the parole board, as if the prisoner had been paroled pursuant to
38	38	8section 130 of chapter 127. The parole board may revise, alter or amend the terms and conditions
39	39	9of a medical parole pursuant to section 149B. If a parole officer receives credible information 2 of 8
40	40	10that a prisoner has failed to comply with a condition of the prisoner's medical parole, the parole
41	41	11officer shall issue a summons pursuant to section 149B. Upon discovery that the terminal illness
42	42	12or permanent incapacitation has improved to the extent that the prisoner would no longer be
43	43	13eligible for medical parole under this section, the parole officer shall issue a summons to the
44	44	14parolee and bring the parolee before the board for a hearing. If the board determines that the
45	45	15terminal illness or permanent incapacitation has improved to the extent that the parolee would no
46	46	16longer be eligible for medical parole pursuant to this section, the prisoner shall resume serving
47	47	17the balance of the sentence with credit given only for the duration of the prisoner's medical
48	48	18parole that was served in compliance with all conditions of their medical parole pursuant to
49	49	19subsection (e). Revocation of a prisoner's medical parole due to a change in the prisoner's
50	50	20medical condition shall not preclude a prisoner's eligibility for medical parole in the future or for
51	51	21another form of release permitted by law.
52	52	22 SECTION 3. Section 130B of said chapter 127, as so appearing, is hereby amended by
53	53	23striking out paragraph (c) and inserting in place thereof:-
54	54	24 (c) The terms and conditions of the prisoner's parole shall be determined by the parole
55	55	25board pursuant to section 131. The parole board's determination of such terms and conditions
56	56	26under this section shall not be the subject of judicial review. Such terms and conditions may be
57	57	27revised, altered and amended and may be revoked by the parole board pursuant to section 149B.
58	58	28The violation by the holder of such permit of any law of the commonwealth, may render such
59	59	29permit void, and thereupon, or if such permit has been revoked pursuant to section 149B, the
60	60	30parole board may order his or her arrest and his or her return to prison, in accordance with the
61	61	31provisions of sections 149. 3 of 8
62	62	32 SECTION 4. Section 130C of said chapter 127, as so appearing, is hereby amended by
63	63	33striking out subsection (a) and inserting in place thereof:-
64	64	34 (a) For the satisfactory conduct of a parolee under the supervision of the parole board
65	65	35who is serving a sentence to state prison, the chairman of the parole board or the chairman's
66	66	36designee shall grant compliance credits of up to a maximum monthly total of 31 days, provided
67	67	37that one compliance credit shall be granted for each day within the month in which no conditions
68	68	38of supervision have been found to be violated; compliance credits shall not be withheld unless
69	69	39the alleged violation is sustained after a final hearing pursuant to section 149B; provided,
70	70	40however, that no compliance credits may be granted to a person serving a mandatory minimum
71	71	41sentence until such person shall have served the mandatory minimum term. Any compliance
72	72	42credits so granted and not rescinded pursuant to subsection (b) shall reduce the period of time
73	73	43that a parolee is subject to the jurisdiction of the parole board under section 130.
74	74	44 SECTION 5. Section 133 of said chapter 127 is hereby amended by inserting at the end
75	75	45the following paragraphs:-
76	76	46 Each condition of parole imposed by the parole board shall be reasonably related to the
77	77	47crime of conviction of the person placed on parole and no more restrictive than necessary to
78	78	48assure the parolee can live safely in the community. For each condition imposed, the parole
79	79	49board shall state the reasonable relation the condition has to the person’s crime of conviction and
80	80	50why no less restrictive conditions would assure the parolee’s safety in the community.
81	81	51 No person placed on parole shall be prohibited from associating with another person or
82	82	52group of people, except that the parole board may impose a condition prohibiting association 4 of 8
83	83	53with a specific, named person or persons if the prohibition on association is reasonably related to
84	84	54the crime of conviction.
85	85	55 No person placed on parole shall be prohibited from using or possessing alcohol or drugs,
86	86	56or subject to testing for alcohol or drug use, unless the use or possession of alcohol or drugs is
87	87	57reasonably related to the crime of conviction.
88	88	58 If the parole board requires as a condition of parole that the person reside in alcohol and
89	89	59drug free housing within the commonwealth, the parole board shall require the parole officer to
90	90	60refer the defendant only to alcohol and drug free housing certified under section 18A of chapter
91	91	6117 and the parole officer shall require the defendant to reside in such certified housing in order to
92	92	62satisfy such condition. If accredited alcohol and drug free housing is not available, the parole
93	93	63board shall permit the parole officer to refer the person placed on supervised probation to alcohol
94	94	64and substance free housing that is available and that appropriately supports the recovery goals of
95	95	65the person. If the parole board imposes as a condition of parole that the person reside in alcohol
96	96	66and drug free housing in another state, the parole board may permit the parole officer to refer the
97	97	67person to alcohol and drug free housing that, in the parole board’s discretion, appropriately
98	98	68supports the recovery goals of the person.
99	99	69 If the parole board requires as a condition of parole that the person enroll in any program,
100	100	70including but not limited to treatment for substance use or an educational program, the parole
101	101	71board shall ensure that such program is available in the county in which the person will reside.
102	102	72The parole board shall require the parole officer to provide support to the person to assist with
103	103	73identifying appropriate programs, applying or enrolling, and other positive supports. A good 5 of 8
104	104	74faith effort to enroll in programs shall not be grounds for a violation notice to issue and shall be a
105	105	75defense to an alleged violation of any parole condition involving program enrollment.
106	106	76 No person placed on parole shall be found to have violated a condition of parole solely on
107	107	77the basis of possession or use of a controlled substance that is legal or has been lawfully
108	108	78dispensed pursuant to a valid prescription to that person by a health professional registered to
109	109	79prescribe a controlled substance pursuant to chapter 94C and acting within the lawful scope of
110	110	80the health professional's practice.
111	111	81 No person placed on parole shall have a parole permit revoked solely for violating a
112	112	82condition of parole that does not result in a new conviction.
113	113	83 SECTION 6. Section 133A of said chapter 127, as so appearing, is hereby amended by
114	114	84striking out in the fourth paragraph the words “at any time” and inserting in place there of the
115	115	85words:- "pursuant to section 149B".
116	116	86 SECTION 7. Section 133B of said chapter 127, as so appearing, is hereby amended by
117	117	87striking out in the first paragraph the words “at any time” and inserting in place there of the
118	118	88words:- "pursuant to section 149B".
119	119	89 SECTION 8. Section 133D of said chapter 127 is hereby amended by striking out the
120	120	90second paragraph and inserting in place thereof:
121	121	91 Except as otherwise provided in this section, a person serving such sentence of
122	122	92community parole supervision for life shall be subject to the provisions of law governing parole
123	123	93as if such person were a parolee. The parole board shall impose terms and conditions for such
124	124	94sentence within 30 days prior to the commencement of community parole supervision. Such 6 of 8
125	125	95terms and conditions may be revised, altered and amended by the parole board pursuant to
126	126	96section 149B. If the terms and conditions prescribed by the board include residence in alcohol
127	127	97and drug free housing, the board shall refer and require that the person serving the sentence
128	128	98reside in alcohol and drug free housing that is certified pursuant to section 18A of chapter 17 in
129	129	99order to satisfy those terms and conditions. If accredited alcohol and drug free housing is not
130	130	100available, the parole board shall permit the parole officer to refer the person placed on parole to
131	131	101alcohol and substance free housing that is available and that appropriately supports the recovery
132	132	102goals of the person.
133	133	103 SECTION 9. Said chapter 127 is hereby further amended by striking out section 148, as
134	134	104so appearing, and inserting in place thereof the following section:-
135	135	105 Section 148. The parole board may revise or revoke a permit to be at liberty at any time
136	136	106prior to its expiration pursuant to section 149B, provided that the parole board shall not revoke a
137	137	107permit to be at liberty solely for a violation of a condition of parole that does not result in a new
138	138	108conviction.
139	139	109 When a person, including those serving community parole supervision for life pursuant to
140	140	110section 133D of chapter 127 and those otherwise serving a mandatory minimum sentence, has
141	141	111lived in the community on parole for three years without violating the law, the person shall be
142	142	112entitled to a hearing before the parole board to terminate their parole pursuant to section 130A of
143	143	113chapter 127. A noncriminal violation of parole shall not constitute a violation of the law for the
144	144	114purposes of this section. At the hearing, there shall be a presumption of termination of parole
145	145	115unless the Board finds, based on clear and convincing evidence, that the public interest requires 7 of 8
146	146	116parole to continue, including based on a pattern of sustained noncriminal violations within the
147	147	117last year of parole supervision.
148	148	118 SECTION 10. Section 149A of said chapter 127 is hereby repealed.
149	149	119 SECTION 11. Said chapter 127 is further amended by inserting after section 149A a new
150	150	120section:
151	151	121 Section 149B.
152	152	122 If a parole officer believes that a parolee has violated one or more conditions of their
153	153	123parole, the parole officer may, with the consent of a parole supervisor or other superior officer,
154	154	124issue the parolee a written notice of the alleged violation and a summons to appear before the
155	155	125board on a specific date for an initial violation hearing. The board shall not issue a warrant for
156	156	126the detention of persons on parole who are alleged to have violated one or more conditions of
157	157	127their parole.
158	158	128 At an initial violation hearing, the board shall determine whether probable cause exists
159	159	129that the parolee violated one or more conditions of their parole, and if so, whether any conditions
160	160	130should be added or modified. If probable cause is found, the board may add or modify the
161	161	131conditions of parole, provided that the additional or modified conditions are reasonably related to
162	162	132the alleged violation; provided further that if probable cause if found, the board may schedule a
163	163	133final violation hearing and the parolee shall be given notice of the final hearing date at the initial
164	164	134hearing. The parolee shall not be held in custody pending the final hearing. If probable cause is
165	165	135not found, or if the board determines that a final hearing is not necessary, the board shall not
166	166	136schedule a final hearing. 8 of 8
167	167	137 At final violation hearing, the parolee shall be entitled to present evidence and to review
168	168	138all the evidence against them. The board shall sustain a violation only on the basis of clear and
169	169	139convincing evidence that the parolee willfully violated the condition of parole. If a violation is
170	170	140sustained, the board shall explain, on the record, any modification to the conditions of parole,
171	171	141which must be reasonably related to the violation itself and no more restrictive than necessary to
172	172	142ensure that the parolee can live safely in the community. The record of the board’s decision at a
173	173	143final violation hearing shall be made available to the parolee.
174	174	144 The board shall not revoke parole in the case of a violation not resulting in a new
175	175	145conviction, or where the violation stems from relapse caused by substance use disorder, or where
176	176	146reasonable accommodation for a disability would enable the person to live and remain at liberty
177	177	147without violating the law.