Section 133D. (a) A person upon whom a sentence of community parole supervision for life has been imposed under section 45 of chapter 265 shall be subject to the jurisdiction of the parole board for the term of such sentence.
Except as otherwise provided in this section, a person serving such sentence of community parole supervision for life shall be subject to the provisions of law governing parole as if such person were a parolee. The parole board shall impose terms and conditions for such sentence within 30 days prior to the commencement of community parole supervision. Such terms and conditions may be revised, altered and amended by the parole board at any time. If the terms and conditions prescribed by the board include residence in alcohol and drug free housing, the board shall refer and require that the person serving the sentence reside in alcohol and drug free housing that is certified pursuant to section 18A of chapter 17 in order to satisfy those terms and conditions.
A person under community parole supervision for life shall be under the jurisdiction, supervision and control of the parole board in the same manner as a person under parole supervision. The board is authorized to establish such conditions of community parole supervision for life, on an individual basis, as may be necessary to ensure public safety. Such conditions may include protecting the public from such person committing a sex offense or kidnapping as well as promoting the rehabilitation of such person. Such conditions shall include sex offender treatment with a recognized treatment provider in the field for as long as the board deems necessary, and compliance with the requirements of sections 178C to 178P, inclusive, of chapter 6.
The board is authorized to impose and enforce a supervision and rehabilitation fee upon a person on community parole supervision. To the extent possible, without reducing a parolee's income to such an extent that the potential for successful community reintegration is diminished, the board shall set such fee in an amount that will substantially defray the cost of the community parole supervision program.
The board shall also establish a fee waiver procedure for hardship and indigency cases.
(b)(1) Notwithstanding the board's authority to issue a certificate of termination of sentence under section 130A, after a person sentenced to community parole supervision has been on such supervision for a period of 15 years, such person may petition the board for termination of community parole supervision. Such termination may only occur by a majority vote of all the members. Upon receiving such a petition, the board shall, within 60 days, conduct a hearing before the full membership. At least 30 days prior to a hearing on the petition, the board shall cause a criminal history check to be conducted and notify in writing the victims of the crime for which the sentence was imposed, the attorney general, the district attorney in whose district the sentence was imposed, the chief of police or head of the organized police department of the municipality in which the crime was committed and the chief of police or head of the organized police department of the municipality in which the parolee resides, of the person's petition for release from supervision. Such officials and victims shall be provided the opportunity to respond to such petition. Such officials and victims may appear in person or be represented or make written recommendations to the board, but failure of any or all of such officials to appear or make recommendations shall not delay the termination procedure.
If a victim is deceased at the time the hearing on termination of said sentence is scheduled, the deceased victim may be represented by his relatives in the following order: mother, father, spouse, child, grandchild, brother or sister, niece or nephew.
(2) Prior to the hearing, the petitioner shall be examined, personally interviewed and evaluated by a psychiatrist or licensed psychologist who is an expert in the field of sex offender treatment and who is approved by the board. The psychiatrist or psychologist shall file with the board written reports of his examinations and diagnosis and his recommendation for the disposition of such petitioner. The petitioner's treatment while on community parole supervision shall be examined and considered by such psychiatrist or psychologist in such recommendation. Such reports shall be admissible in a hearing conducted pursuant to this section. If such petitioner refuses to be personally interviewed by such psychiatrist or psychologist, without good cause, such petitioner shall be deemed to have waived his right to a hearing on the petition and the petition shall be dismissed by the board. The cost of such examination and evaluation shall be the responsibility of the petitioner; provided, however, that the board shall establish procedures for cases of hardship or indigency.
(3) At the hearing, the board shall call such witnesses as it deems necessary, including the examining psychiatrist or psychologist, the appropriate district attorney, the attorney general, the police chief or the victims of the crime or such crime victims' family members, as the board deems necessary. The petitioner may offer such witnesses and other proof at the hearing as is relevant to the petition.
(4) The board shall terminate community parole supervision for life if the petitioner demonstrates, by clear and convincing evidence, that he has not committed a sex offense or a kidnapping since his conviction, that he is not likely to pose a threat to the safety of others and that the public interest is not served by further community parole supervision over the petitioner.
(5) If a petition for release from supervision is denied by the board, such petitioner may not file another such petition for a period of three years.
(c) An individual who violates a condition of community parole supervision shall be subject to the provisions of section 149. If the parolee has served the entire period of confinement under his original sentence, the original term of imprisonment shall, upon a first violation, be increased to imprisonment in a house of correction for 30 days if such violation does not otherwise constitute a criminal offense. Upon a second violation, said original term of imprisonment shall be increased to 180 days in the house of correction if such violation does not otherwise constitute a criminal offense. Upon a third or subsequent violation, said original term of imprisonment shall be increased to one year in the house of correction if such violation does not otherwise constitute a criminal offense. If such violation otherwise constitutes a criminal offense, said increased term of imprisonment shall be served on and after any sentence received for commission of the new offense.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XVIII - Prisons, Imprisonment, Paroles and Pardons
Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons
Section 1a - County Correctional Facilities; Minimum Standards; Financial or Other Assistance
Section 2 - Duty of Superintendents to Keep Records
Section 5 - Calendar of Prisoners; Contents
Section 6 - Service of Process in Penal or Reformatory Institutions
Section 7 - Warrants, Mittimuses and Processes; Contents; Filing
Section 8 - Prison Books; Contents; Accessibility
Section 9 - Invoice Books; Contents
Section 10 - Annual Report to Commissioner of Correction
Section 12 - Removal of Unfaithful or Incompetent Officers or Employees
Section 13 - Removal of Incompetent Jailers or Keepers of Houses of Correction
Section 14 - Removal of Officers Using Intoxicating Liquor to Excess
Section 16a - Reimbursement of Medical Expenses by Persons Incarcerated in Pre-Release Facilities
Section 17 - Specifications Governing Physical Examinations; Records; Statements
Section 18 - Failure to Comply With Secs. 16 and 17; Penalty
Section 19 - Physical Training of Prisoners; Director
Section 20 - Reception Center; Classification of Prisoners; Approval
Section 20a - Prisoner Classification Board
Section 21 - Classification of Prisoners in Jails and Houses of Correction; Approval
Section 22 - Separation of Prisoners
Section 23 - Identification of Prisoners
Section 25 - Fugitives From Justice
Section 27 - District Attorney to Furnish Criminal History
Section 28 - Descriptions, Fingerprints and Criminal History; Records
Section 29 - Publication of Records; Exhibition of Records
Section 30 - Compensation to Officers; Reimbursement
Section 32 - Treatment of Prisoners
Section 33 - Maintenance of Order in Institutions; Enforcement of Obedience
Section 36 - Visits to Jails or Correctional Institutions; Permission
Section 36a - Conferences With Attorneys
Section 36b - Conferences With Clergy Members
Section 36c - In-Person Visitation of Inmates
Section 37 - Record of Visitors
Section 38a - Holding Officers and Employees as Hostages
Section 38b - Assaults Upon Guards; Bodily Substances; Penalty
Section 38c - Felonies in Correctional Institutions; Notice to District Attorney
Section 38e - Inmate Complaints; Grievance System; Grievance Resolution
Section 38h - Judicial Review of Final Decision on Grievance
Section 39b - Restrictive Housing; Placement Reviews
Section 39e - Restrictive Housing; Access to Vocational, Educational and Rehabilitative Programs
Section 39g - Restrictive Housing; Restrictive Housing Oversight Committee
Section 39h - Restrictive Housing; Promulgation of Regulations Implementing Secs. 39 to 39h
Section 48a - System of Compensation; Graduated Scale; Credits; Appropriations
Section 52 - Supervisors and Instructors; Authority; Removal
Section 53 - Production of Articles by Prisoners
Section 55 - List of Styles, Designs and Qualities of Articles; Arbitration of Differences
Section 56 - Annual Estimates of Articles and Materials Needed in Public Offices
Section 58 - Prices of Prison-Made Articles
Section 60 - Noncompliance With Sections Relative to Purchase of Articles
Section 61 - Establishment of Industries
Section 66 - Purchase of Tools and Materials for Correctional Institutions; Approval
Section 66a - Purchase of Tools and Materials for Jails and Houses of Correction; Approval
Section 67 - Sale of Prison-Made Goods; Proceeds
Section 68 - Appointment of Selling Agents; Removal
Section 69 - Report Relative to Labor of Prisoners
Section 71 - Receipts From Sale of Products, Services, or Labor of Committed Offenders; Disposition
Section 72 - Payment of Salaries and Bills for Tools, Machinery and Materials; Schedules
Section 73 - Suits on Contracts by and Against Principal Officers; Arbitration
Section 83 - Outdoor Labor of Inmates
Section 83a - Establishment of Camp for Male Prisoners for Reforestation; Approval; Hearing.
Section 83b - Removal of Prisoners to Camp; Permit to Be at Liberty; Escape
Section 83c - Escapes From Prison Camp
Section 83d - Director of Prison Camps; Offices and Positions; Appointments; Duties
Section 84 - Purchases or Lease of Land for Improvement by Prison Labor; Payment to County
Section 86f - Work Release Programs
Section 86g - Work Release Programs; Suffolk County
Section 86h - Public Speaking Engagements; Inmates of State Correctional Facilities
Section 86i - Public Speaking Engagements; Inmates of County Correctional Facilities
Section 87 - Correspondence of Inmates
Section 88 - Religious Services
Section 89 - Maintenance of Sabbath Schools and Schools for Instruction
Section 90 - Appropriations for Religious Instruction and Services
Section 90a - Temporary Release of Committed Offenders
Section 92 - Instruction in Jails and Houses of Correction
Section 92a - General Education Development Tests; Age Requirement; No Fee
Section 93 - Appropriations for Moral and Religious Instruction in Jails and Houses of Correction
Section 94 - Light for Reading
Section 96a - Disposition of Unclaimed Money of Former Prisoners; Claim
Section 96b - Disposition of Unclaimed Property of Former Prisoners; Sale; Proceeds
Section 97 - Transfers From and to Correctional Institutions; Approval
Section 97a - Transfer of State Prisoners to Federal Institutions; Reciprocal Agreements
Section 97b - Treaties; Transfer of Prisoners to Other Countries
Section 111a - Removal of Defective Delinquents
Section 113 - Removal of Prisoners Convicted and Sentenced by United States Court
Section 115 - Removal of Prisoners From One Jail to Another by Sheriff
Section 116 - Application of Original Sentence of Prisoner Removed or Returned
Section 117a - Temporary Placement of Prisoners in Hospital or Medical Facility
Section 118 - Pregnant and Postpartum Inmates; Standards of Care; Use of Restraints
Section 119 - Hospital Confinement as Term of Sentence
Section 120 - Order of Removal; Transfer of Mittimuses and Processes With Prisoner
Section 121 - Execution of Order of Removal
Section 123 - Expense of Removal
Section 125 - Expense of Support of Prisoner Transferred From One County to Another
Section 127 - Special State Police Officers; Powers and Duties
Section 128 - Issuance of Parole Permits
Section 129b - Confinement While Awaiting Trial; Reduction of Sentence
Section 129c - Confinement in Prison Camp; Deduction of Sentence for Good Conduct
Section 130a - Issuance of Certificate of Termination of Sentence
Section 131 - Giving of Parolee Written Copy of Terms and Conditions of Parole
Section 131a - Notice to State and Local Police of Terms and Conditions of Parole Permits
Section 133 - Granting of Parole Permits by Board; Eligibility and Requisites
Section 133c - Representation of Deceased Victims at Hearing by Family Members
Section 133d - Community Parole Supervision for Life
Section 133d1/2 - Global Positioning System Device to Be Worn by Certain Sex Offender Parolees
Section 142 - Permits to Be at Liberty or Discharge of Pregnant Females
Section 143 - Discharge of Common Nightwalker From House of Correction
Section 144 - Discharge of Prisoner Committed for Non-Payment of Fine
Section 145 - Confinement of Persons for Non-Payment of Money Owed
Section 146 - Report of Confinement of Poor Prisoners; Discharge; Guardianship
Section 148 - Revocation of Permit to Be at Liberty
Section 149a - Temporary Custody of Parolees; Warrant
Section 150 - Expiration of Term on Saturday, Sunday or Legal Holiday
Section 151a - Compacts With Other States Relative to the Supervision of Adult Offenders; Purpose
Section 151e - Interstate Commission; Powers and Duties
Section 151g - Actions Taken by Interstate Commission; Meetings; Voting; Records
Section 151h - Rulemaking; Authority and Procedure
Section 151i - Enforcement; Dispute Resolution
Section 151j - Payment of Expenses; Annual Assessment
Section 151l - Withdrawal by Compacting State; Default on Obligation or Responsibility Under Compact
Section 151m - Severability; Construction
Section 153 - Notification to Attorney General of Petition for Pardon of State Prisoner
Section 154 - Parole Board as Advisory Board of Pardons; Powers and Duties
Section 155 - Violation of Pardon; Arrest; Notice
Section 156 - Confinement for Unexpired Term; Computation of Confinement; Discharge
Section 157 - Execution of Warrant of Pardon; Return
Section 158 - Parole Board Agents; Duties
Section 160 - Expenditures for Assistance of Released Prisoners
Section 161 - Account of Expenditures by Parole Board Agents
Section 162 - Expenditure of Institutional Funds for Welfare of Released Prisoners
Section 162a - Arsonists or Violators of Secs. 102 to 102c of Chapter 266; Notice of Release
Section 163 - Annual Report of Agents for Aiding Discharged Prisoners
Section 164 - County Commissioners; Aid to Prisoners
Section 165 - Expenditures by Superintendent or Keeper of Jail in Aid of Discharged Prisoners
Section 168 - Violation of Sec. 166 or 167
Section 169 - Copy of Secs. 166 to 169; Printing on Petition for Pardon Forms