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HOUSE DOCKET, NO. 1350 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 1791
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Bradley H. Jones, Jr.
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act establishing mandatory post release supervision in the Commonwealth.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Bradley H. Jones, Jr.20th Middlesex1/14/2025Kimberly N. Ferguson1st Worcester1/14/2025Paul K. Frost7th Worcester1/31/2025Todd M. Smola1st Hampden3/10/2025Alyson M. Sullivan-Almeida7th Plymouth2/11/2025 1 of 6
HOUSE DOCKET, NO. 1350 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 1791
By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1791) of
Bradley H. Jones, Jr. and others for legislation to establish mandatory post release supervision.
The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1590 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act establishing mandatory post release supervision in the Commonwealth.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 5 of chapter 27, as appearing in the 2022 Official Edition, is hereby
2amended by adding at the end of the last sentence of the first paragraph the following:-
3 The parole board shall administer and oversee mandatory post-release supervision
4functions as set forth in section 133D of chapter 127 and chapter 127A.
5 SECTION 2. The General Laws are hereby amended by inserting after chapter 127 the
6following chapter:-
7 CHAPTER 127A.
8 MANDATORY POST-RELEASE SUPERVISION. 2 of 6
9 Section 1. All sentences to incarceration in a house of correction, jail or state prison shall
10include a period of post-release supervision, excluding those for whom parole eligibility is
11determined by section 133A of chapter 127. Except as provided in this chapter, for individuals
12who complete the incarceration portion of their sentences without supervised release or are re-
13incarcerated for the remainder of the sentence for violating the terms of parole or probation, the
14period of mandatory post-release supervision shall be 25 percent of the maximum term of
15incarceration imposed at sentencing but in no case shall be less than nine months. Where an
16individual is sentenced to incarceration on multiple offenses, the greater of the maximum terms
17imposed at sentencing shall be used to calculate the mandatory post-release supervision period.
18Mandatory post-release supervision as established in this chapter shall not be imposed upon any
19individual who successfully completes a period of probation imposed by a court at sentencing,
20upon an individual who is granted a parole permit under chapter 127 and successfully completes
21a period of parole supervision, or upon an individual sentenced to lifetime community parole
22under the provisions of section 45 of chapter 265 and section 133D of chapter 127. An individual
23subject to the provisions of this chapter may be supervised in another jurisdiction in accordance
24with sections 151A through 151L of chapter 127 and shall be considered on parole for the
25purposes of supervision.
26 Section 2. Upon release, an individual sentenced to a term of incarceration for not more
27than one year in a house of corrections or jail shall be subject to the supervision and jurisdiction
28of the office of the commissioner of probation during the period of mandatory post-release
29supervision. Upon release, an individual sentenced to a term of incarceration in a house of
30corrections or jail for more than one year, or in a state prison for any length of time shall be
31subject to the supervision and jurisdiction of the parole board during the period of mandatory 3 of 6
32post-release supervision. All persons under such supervision of the office of the commissioner of
33probation shall be subject to the provisions of law, rules and regulations governing probation. All
34persons under such supervision of the parole board shall be subject to the provisions of law, rules
35and regulations governing parole. The commissioner of probation and the chairman of the parole
36board shall establish uniform regulations for post-release supervision consistent with applicable
37provisions of chapter 127 and chapter 276. Nothing in this section or within said regulations shall
38limit the authority of the superior, municipal, district or juvenile court to impose conditions of
39probation supervision to protect the public or promote the rehabilitation of any person.
40 Section 3. An individual subject to mandatory post-release supervision and who has
41successfully completed 9 months of supervision shall be eligible for early termination of such
42supervision. In the case of a person under the supervision of the office of the commissioner of
43probation, early termination may only occur upon an order of a court of competent jurisdiction.
44In the case of a person under the supervision of the parole board, early termination may only
45occur in accordance with procedure to be promulgated in the regulations of the parole board. In
46all proceedings under this section, the uniform criteria for early termination of mandatory post-
47release supervision shall be established jointly by the commissioner of probation and the
48chairman of the parole board and shall include, but not be limited to, the amount of time the
49individual has successfully spent under post-release supervision, success in finding permanent
50employment, success in establishing adequate housing, completing all counseling or substance
51abuse treatment programs and successful passing of all mandated post-release testing programs.
52 Section 4. An individual who violates a condition of mandatory post-release supervision
53shall be subject to the provisions of this section and subject to modification or revocation
54proceedings initiated by the agency responsible for the violator’s supervision. The laws and 4 of 6
55judicial rules governing probation violation proceedings shall govern such modification or
56revocation proceedings for an individual subject to the jurisdiction of the office of the
57commissioner of probation. The laws and regulations governing parole violation proceedings
58shall govern such modification or revocation proceedings for an individual subject to the
59jurisdiction of the parole board. In all proceedings under this section, upon a violation, the
60individual may be placed under increased supervision, subjected to other conditions and
61intermediate sanctions, or incarcerated for not more than the maximum remaining period of post-
62release supervision or the remaining unserved portion of the sentence, whichever is greater, if
63such violation does not otherwise constitute a criminal offense. In all cases where the individual
64is not being incarcerated for a violation, such individual shall participate in an intermediate
65sanction through the office of community corrections as established in chapter 211F, the level of
66which is to be determined by the commissioner of probation or the chairman of the parole board,
67whoever has supervision authority over the individual. In the case of any violation for use of
68controlled substances or an offense for operating under the influence of drugs or alcohol, the
69period of mandatory post-release supervision shall be extended to accommodate an appropriate
70substance abuse program, but the total shall not exceed the maximum supervisory period
71permitted by section 1 of chapter 127A. For any violation of the conditions of mandatory post-
72release supervision, the period of supervision shall be stayed during a period of incarceration,
73and it shall be resumed upon release. If such violation constitutes a criminal offense, said period
74of incarceration shall be served on and after any sentence received as a result of the new offense.
75Upon subsequent release, the greater of the maximum sentences of the original offense and
76subsequent offense shall be used to calculate the new mandatory post-release supervision period. 5 of 6
77 Section 5. All mandatory post-release supervision shall be deemed completed if any of
78the following conditions are met: except as provided in section 4 of this chapter, the individual
79serves a post-release supervision period of 25 percent of the maximum term of incarceration
80imposed at sentencing, or nine months, whichever is greater; the individual is granted early
81termination under section 3 of this chapter; or if upon completion of the sentence, the individual
82is immediately committed to the custody of any other state to serve a period of incarceration
83greater than or equal to the post-release supervision period required under this chapter; or if upon
84completion of the sentence, the individual is immediately committed to the custody of any
85federal or immigration authority. Mandatory post-release supervision shall be stayed for any
86period an individual is in custody pursuant to any order of custody under chapter 123A.
87 Section 6. Where any provision of this chapter or the application thereof to any person or
88circumstance, shall, for any reason, be held invalid, the remainder of this chapter or the
89application of such provision to persons or circumstances other than those as to which it is held
90invalid shall not be affected thereby.
91 SECTION 3. Section 85 of chapter 276, as so appearing, is hereby amended by adding
92the following at the end of the last sentence:-
93 Probation officers’ powers and duties shall include mandatory post-release supervision as
94set forth in chapter 127A.
95 SECTION 4. Section 99 of chapter 276 is hereby amended by adding the following new
96clause:-
97 (11) Oversee mandatory post-release supervision functions as set forth in chapter 127A. 6 of 6
98 SECTION 5. Section 24 of chapter 279, as so appearing, is hereby amended in line 14 by
99striking the words “shall be not less than 15 years” and inserting after the words the following
100words:-
101 must be at least 20 percent greater than the minimum term.
102 SECTION 6. The provisions of this chapter shall take effect on January 1, 2026, and the
103provisions contained herein shall apply to all felonies and misdemeanors committed on or after
104that date. All offenses committed prior to January 1, 2026, shall be governed by the laws,
105including but not limited to those on sentencing, parole, and probation, in effect at the time the
106offense is committed.