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| 2 | 2 | | HOUSE DOCKET, NO. 3933 FILED ON: 1/17/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1960 |
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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 | | David M. Rogers |
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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 establishing presumptive 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:David M. Rogers24th Middlesex1/17/2025Joanne M. ComerfordHampshire, Franklin and Worcester1/23/2025 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3933 FILED ON: 1/17/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1960 |
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| 18 | 18 | | By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 1960) of |
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| 19 | 19 | | David M. Rogers and Joanne M. Comerford relative to establishing presumptive parole using |
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| 20 | 20 | | structured, actuarially-based guidelines. The Judiciary. |
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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-Fourth General Court |
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| 24 | 24 | | (2025-2026) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act establishing presumptive 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 130 of chapter 127 of the General Laws, as amended by St.2018, c. 72, ยง 6, eff. |
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| 30 | 30 | | 2Jan. 13, 2019, is hereby amended by striking the first four sentences and inserting in place |
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| 31 | 31 | | 3thereof the following paragraphs:- |
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| 32 | 32 | | 4 Unless the parole board determines by clear and convincing evidence that, if the prisoner |
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| 33 | 33 | | 5is released with appropriate conditions and community supervision, the prisoner will not live and |
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| 34 | 34 | | 6remain at liberty without violating the law, a parole permit shall be granted at a prisoner's first |
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| 35 | 35 | | 7date of parole eligibility and at any subsequent review hearing. The parole board shall make this |
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| 36 | 36 | | 8determination using structured, actuarially based parole guidelines and the findings of a validated |
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| 37 | 37 | | 9risk and needs assessment tool, both of which must consider the prisoner's participation in |
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| 38 | 38 | | 10available work opportunities, educational opportunities and treatment program and the prisoner's |
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| 39 | 39 | | 11demonstrated good behavior. The parole board shall also consider whether risk reduction |
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| 40 | 40 | | 12programs, made available through collaboration with criminal justice agencies, community 2 of 2 |
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| 41 | 41 | | 13organizations, or with the Department of Mental Health or Department of Public Health, and |
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| 42 | 42 | | 14other aspects of the prisoner's parole plan would minimize the probability of the prisoner re- |
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| 43 | 43 | | 15offending once released. |
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| 44 | 44 | | 16 For any prisoner with a disability, the parole board must consider whether provision of |
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| 45 | 45 | | 17reasonable accommodations will enable the prisoner to live and remain at liberty without |
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| 46 | 46 | | 18violating the law. If a prisoner has a disability that may impair the ability of the prisoner to be |
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| 47 | 47 | | 19successful on parole, the parole board shall, in collaboration with counsel, where applicable, |
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| 48 | 48 | | 20arrange for a psychological or medical examination to ascertain and evaluate the nature of the |
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| 49 | 49 | | 21risk posed by the disability and to identify any services, supports, or programs that might |
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| 50 | 50 | | 22mitigate the risk. The parole board shall consider the examination in making its decision. |
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| 51 | 51 | | 23 Upon issuance of a grant of parole to anyone who needs specialized care due to bodily |
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| 52 | 52 | | 24infirmity, disease, or mental or developmental disability, and who is unable to secure a home |
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| 53 | 53 | | 25plan, the parole board shall notify the Commissioner of the Department of Public Health or the |
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| 54 | 54 | | 26Commissioner of the Department of Mental Health, as appropriate, who shall secure a medically |
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| 55 | 55 | | 27appropriate placement for such prisoner within 60 days. No individual who has been granted |
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| 56 | 56 | | 28parole shall remain incarcerated for failure to secure an appropriate home plan. |
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