HOUSE DOCKET, NO. 3156        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1848

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

David M. Rogers

_________________

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.

_______________

PETITION OF:

HOUSE DOCKET, NO. 3156        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1848

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1541 OF 2019-2020.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

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:
 

SECTION 1. Section 130 of chapter 127 of the General Laws, as amended by St.2018, c. 72, § 6, eff. Jan. 13, 2019, is hereby amended by striking the first four sentences and inserting in place thereof the following paragraphs:-

Unless the board determines by clear and convincing evidence that, if the prisoner is released with appropriate conditions and community supervision, the prisoner will not live and remain at liberty without violating the law, a parole permit shall be granted at a prisoner's first date of parole eligibility and at any subsequent review hearing. The parole board shall make this determination using structured, actuarially-based parole guidelines and the findings of a validated risk and needs assessment tool, both of which must consider the prisoner’s participation in available work opportunities, educational opportunities and treatment programs and the prisoner’s demonstrated good behavior.  The board shall also consider whether risk reduction programs, made available through collaboration with criminal justice agencies or with the Department of Mental Health or Department of Public Health, and other aspects of the prisoner's parole plan would minimize the probability of the prisoner re-offending once released.

For any prisoner with a disability, the parole board must consider whether provision of reasonable accommodations will enable the prisoner to live and remain at liberty without violating the law. If a prisoner has a disability that may impair the ability of the prisoner to be successful on parole, the board shall schedule a psychological or medical examination to ascertain and evaluate the nature of the risk posed by the disability and to identify any services, supports, or programs that might mitigate the risk. The board shall consider the evaluation in making its decision.

Upon issuance of a grant of parole to anyone who needs specialized care due to bodily infirmity or disease and who is unable to secure a home plan, the parole board shall notify the Commissioner of the Department of Public Health who shall secure a medically appropriate placement for such prisoner within 60 days. No individual who has been granted parole shall remain incarcerated for failure to secure an appropriate home plan.