HOUSE DOCKET, NO. 2247        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2280

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Daniel B. Winslow

_________________

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 relative establishing judicial review of Parole Board decisions.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Daniel B. Winslow

9th Norfolk

1/20/2011

Steven L. Levy

4th Middlesex

2/3/2011


HOUSE DOCKET, NO. 2247        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2280

By Mr. Winslow of Norfolk, a petition (accompanied by bill, House, No. 2280) of Daniel B. Winslow and Steven L. Levy for legislation to provide judicial review of Parole Board decisions.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Eleven

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An Act relative establishing judicial review of Parole Board decisions.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 1 of chapter 30A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking in the definition of "agency" the words "the parole board;"

SECTION 2.  Section 1C of chapter 30A of the General Laws, as so appearing, is hereby amended by inserting after the word "inclusive," the following:- "and ten"

SECTION 3. Section 7 of chapter 30A of the General Laws, as so appearing, is hereby amended by inserting after the word “any”, in line 2, the following:-

“decision of the parole board,”

SECTION 4.  Section 10 of chapter 30A of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following:- "Notwithstanding any general or special law to the contrary, decisions of the parole board may be appealed by the Commonwealth and shall be subject to judicial review whether said decisions are an abuse of discretion."

SECTION 5. Section 133 of chapter 127, as so appearing, is hereby amended by inserting after the word “sentences”, in line 10, the following:-

“provided, that an inmate who has served or is serving more than one sentence of imprisonment for life shall be subject to a rebuttable presumption of being inappropriate for such permit”