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