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SENATE DOCKET, NO. 1020 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 1084
The Commonwealth of Massachusetts
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PRESENTED BY:
James B. Eldridge
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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 promoting fairness in parole.
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PETITION OF:
NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and Worcester 1 of 3
SENATE DOCKET, NO. 1020 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 1084
By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1084) of James B. Eldridge for
legislation to promote fairness in parole. 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 promoting fairness in 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 Chapter 127 of the General Laws, as appearing in the 2022 Official Edition, is hereby
2amended by striking out section 149A and inserting in place the following section:-
3 (a) (1) If a parole officer believes that there exists probable cause that a parolee has
4allegedly violated a condition of release, they may with the consent of a parole supervisor or
5other superior officer, issue a warrant for the temporary custody of the parolee if the alleged
6violation includes one or more of the following acts: (i) the intentional unauthorized removal of a
7GPS monitoring device; (ii) making contact with a victim of crime in connection with the
8parolee’s criminal offense or their household member as defined in section 1 of chapter 209A; or
9(iii) violation of an abuse prevention order issued pursuant to chapter 209A or a harassment
10prevention order issued pursuant to chapter 258E; or (iv) making plans to imminently flee the
11commonwealth. 2 of 3
12 (2) If a parole officer reasonably believes that there exists probable cause that a parolee
13has allegedly violated the conditions of their parole based on an allegation not specified in the
14first paragraph, the parole officer may, with the consent of a parole supervisor or other superior
15officer, make a written request to a single member of the parole board to issue a warrant for the
16temporary custody of the parolee if the single member of the parole board finds that there is
17probable cause that the parolee has violated the conditions of their parole. The single member of
18the parole board may issue a warrant for the temporary custody of the parolee if the single
19member of the parole board finds that there is probable cause that the parolee has violated the
20conditions of their parole.
21 (3) The parole board may withdraw the warrant for temporary custody and such
22withdrawal shall not affect the validity of any subsequent warrants issued. Upon the withdrawal
23of said warrant, the time from the issuance of the warrant until the withdrawal shall be
24considered as part of the original sentence.
25 (4) The warrant shall constitute sufficient authority to a parole officer and to the
26superintendent, jailer or any other person in charge of any jail, house of correction, lockup, or
27place of detention to whom it is exhibited to hold in temporary custody the parolee retaken
28pursuant thereto.
29 (b) (1) Not later than 15 days after a parolee is placed in temporary custody a hearing
30officer shall hold a preliminary evidentiary hearing to determine whether a parolee has violated a
31condition of parole. If the hearing officer finds by a preponderance of the evidence that a
32violation has occurred, the hearing officer shall order that the parolee remain in custody pending
33a final revocation hearing of the parole board after considering the following factors: (i) the 3 of 3
34nature and seriousness of the violation; (ii) if there is a connection between the violation of
35parole and the underlying offense that the parolee committed; (iii) the parolee’s prior criminal
36record; and (iv) the protection of the public, a victim of crime in connection with the parolee’s
37criminal offense or their household member as defined in section 1 of chapter 209A.
38 (2) The hearing officer shall issue a decision within 48 hours of the preliminary hearing.
39 (c) The detention of a parolee may be further regulated by the rules of the parole board.