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The 191st General Court of the Commonwealth of Massachusetts

Section 32H 1/2: Good behavior deductions from sentence after serving mandatory minimum term of imprisonment; eligibility; parole; work release

[Text of section effective for any sentence for an offense committed after January 13, 2019. See 2018, 72, Sec. 16.]

Section 32H 1/2. (a) As used in this section, ''ineligible offender'' shall mean a person sentenced to a mandatory minimum term of imprisonment in the state prison upon conviction for: (i) violating section 32, subsections (c), (c 1/2) or (c 3/4) of section 32E, section 32F or section 32K; or (ii) violating this chapter upon a finding of 1 of the following aggravating circumstances: (A) the person used violence or threats of violence or possessed a firearm, rifle, shotgun, machine gun or a weapon described in subsection (b) of section 10 of chapter 269, or induced another participant to do so, during the commission of the offense; (B) the person engaged in a course of conduct whereby such person directed the activities of another who committed a felony in violation of this chapter; or (C) the offense was committed during the commission or attempted commission of a violation of section 32F or 32K.

(b) No person serving a mandatory minimum term of imprisonment in the state prison for violating any provision of this chapter as set forth in section 32H shall be eligible for deductions from his sentence for good conduct under subsection (b) of section 129D of chapter 127 until he shall have served such mandatory minimum term of imprisonment. Any person serving a mandatory minimum term of imprisonment in the state prison for violating any provision of this chapter as set forth in section 32H shall be eligible for deductions from his sentence for good conduct under subsection (d) of section 129D of chapter 127, except that an ineligible offender serving such a mandatory minimum term shall not be eligible for such deductions until the ineligible offender shall have served such mandatory minimum term of imprisonment.

(c) Notwithstanding subsection (i) of section 130B of chapter 127, any person serving a mandatory minimum term of imprisonment for violating any provision of this chapter set forth in section 32H shall be eligible for a parole permit pursuant to section 130B of chapter 127 on the date determined under subsection (a) of said section 130B, except that an ineligible offender shall not be eligible for such a permit until the ineligible offender shall have served such mandatory minimum term of imprisonment.

(d) Any person serving a mandatory minimum term of imprisonment in the state prison for violating any provision of this chapter set forth in section 32H shall be eligible for work release, except that an ineligible offender serving such a mandatory minimum term shall not be eligible for work release until such ineligible offender has served such mandatory minimum term of imprisonment.