Text of MA H 2397 (2024)

1 of 1 HOUSE DOCKET, NO. 3018 FILED ON: 1/19/2023 HOUSE . . . . . . . . . . . . . . . No. 2397 The Commonwealth of Massachusetts _________________ PRESENTED BY: Lindsay N. Sabadosa and Liz Miranda _________________ 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 to parole review for aging incarcerated people. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: DATE ADDED: Lindsay N. Sabadosa 1st Hampshire 1/19/2023 Liz Miranda Second Suffolk 1/19/2023 Jack Patrick Lewis 7th Middlesex 2/1/2023 Samantha Montaño 15th Suffolk 2/3/2023 Steven Owens 29th Middlesex 2/6/2023 Patrick Joseph Kearney 4th Plymouth 2/9/2023 Jason M. Lewis Fifth Middlesex 2/15/2023 Carmine Lawrence Gentile 13th Middlesex 3/3/2023 Mike Connolly 26th Middlesex 3/10/2023 1 of 3 HOUSE DOCKET, NO. 3018 FILED ON: 1/19/2023 HOUSE . . . . . . . . . . . . . . . No. 2397 By Representative Sabadosa of Northampton and Senator Miranda, a joint petition (accompanied by bill, House, No. 2397) of Lindsay N. Sabadosa, Liz Miranda and others relative to parole review for aging incarcerated persons. Public Safety and Homeland Security. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act relative to parole review for aging incarcerated people. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 Chapter 127 of the MGL is amended by inserting Section 133F: Parole eligibility for 2 people aged 55 and older who have served at least half or 15 years of their sentence. 3 a) Notwithstanding any other section of law, when a person serving a sentence of 4 incarceration has served at least (i) one half of their minimum term of sentence, or (ii) one half of 5 their total aggregate sentence if serving multiple consecutive sentences, or (iii) one half of the 6 component sentence that carries the latest date if serving multiple concurrent sentences, or (iv) 7 fifteen years, whichever is less, and has reached the age of fifty-five, the parole board shall 8 schedule a hearing within sixty days of eligibility, i.e. the date of the person's fifty-fifth birthday 9 or the day that they meet the time served requirement of this subsection, whichever is later, to 10 determine whether such person should be granted a parole permit under section Chapter 127 11 Section 133A. The board must also give special consideration to the incarcerated person’s 2 of 3 12 advanced age; long-term confinement; diminished physical or mental condition if any, and 13 reasonable accommodations for such conditions. 14 b) After such hearing the parole board may, by a vote of two-thirds of its members, grant 15 to such an incarcerated person a permit to be at liberty upon such terms and conditions as it may 16 prescribe for the unexpired term of his sentence. The parole board shall issue its decision within 17 two months of the hearing. If such permit is not granted, the parole board shall, at least once in 18 each ensuing two year period, consider carefully and thoroughly the merits of each such case on 19 the question of releasing such prisoner on parole and may, by a vote of two-thirds of its 20 members, grant such parole permit. 21 c) All decisions to grant or deny parole shall be made without bias pertaining to a 22 person’s race, ethnicity, disability, religion, sexual orientation, or gender identity 23 d) The hearings required by this subsection shall be in addition to and not replace other 24 parole or medical parole eligibility. 25 e) If an incarcerated person is indigent, the incarcerated person shall have the right to 26 have appointed counsel at the parole hearing and shall have the right to funds for experts 27 pursuant to chapter 261. 28 f) The Parole Board shall file an annual report not later than March 1 for the prior fiscal 29 year with the clerks of the senate and the house of representatives, the senate and house 30 committees on ways and means, and the joint committee on the judiciary detailing: (i) the 31 number of incarcerated people in the custody of the department of correction or the sheriffs who 32 were eligible for parole under this section and the age, gender, race, ethnicity, and governing 33 offense of each person; (ii) the number of incarcerated people who have been granted parole 3 of 3 34 under this section and the age at the time of the hearing, gender, race and ethnicity, and 35 governing offense of each person; (iii) the number of incarcerated people who have been denied 36 parole under this section, the reason for the denial, and the age, gender, race and ethnicity, and 37 governing offense of each person; (iv) the number of incarcerated people eligible for parole 38 under this section who have had previous elder parole hearings; (vii) the number of incarcerated 39 people released under this section who have been returned to the custody of the department or 40 the sheriff and the reason for each prisoner's return. Nothing in this report shall include 41 personally identifiable information of incarcerated people.