Bill > H1813

This bill modifies the Massachusetts law regarding the temporary custody of parolees by establishing more specific guidelines for when and how parole officers can issue warrants for a parolee's temporary detention. Under the new provisions, a parole officer can issue a warrant with supervisory consent for specific violations, such as intentionally removing a GPS monitoring device, contacting a victim, violating protection orders, or planning to flee the state. For other potential violations, the parole officer must request a warrant from a single parole board member who will determine if probable cause exists. The bill mandates that within 15 days of temporary custody, a hearing officer must conduct a preliminary evidentiary hearing to determine if a parole violation occurred, considering factors like the nature of the violation, its connection to the original offense, the parolee's criminal history, and public safety. The hearing officer must issue a decision within 48 hours and can order the parolee to remain in custody pending a final revocation hearing by the parole board. The bill also clarifies that the parole board can withdraw a temporary custody warrant at any time, and the period of detention will count toward the original sentence.

Justice

https://malegislature.gov/Bills/194/H1813