PETITION OF:

SECTION 1. Chapter 211E of the General Laws, as so appearing, is hereby amended by adding the following:— Section 5. Post-Incarceration Supervision. For all sentences to incarceration where the maximum sentence within the sentencing range is for a period of twelve months or more which are imposed in accordance with the sentencing guidelines as established in this chapter, including minimum mandatory sentences, there shall be imposed a period of post-incarceration supervision. The period of post-incarceration supervision shall be imposed as follows: a period of six months for a sentence with a maximum term greater than or equal to twelve months but less than thirty months; a period of twelve months for a sentence with a maximum greater

than or equal to thirty months but less than sixty months; a period of twenty-four months for a sentence with a maximum term greater than or equal to sixty months. The total term of incarceration for the offense plus any additional commitment for a violation of a condition of post-incarceration supervision that does not otherwise constitute a new offense, shall not be greater than the maximum term fixed by statute for the governing offense. During the period of post-incarceration supervision, the prisoner shall be subject to the supervision of the Parole Board under such terms and conditions as established by the Board. The post-incarceration supervision period shall be deemed completed if the prisoner completes the sentence to incarceration while on parole, if the prisoner is granted a certificate of termination of sentence pursuant to G.L. c. 127, section 130A, if the prisoner is subject upon release from custody to lifetime parole pursuant to section 133C of chapter 127, or if upon completion of the sentence the prisoner is immediately committed to a sentence of incarceration, to the custody of any other state or federal authority, or to the custody of immigration authorities. The post incarceration supervision shall be stayed for any period the prisoner is in custody pursuant to any order of custody under chapter 123A. The post-incarceration supervision period shall be deemed completed upon commitment pursuant to section 14 of chapter 123A. In all other circumstances, the period of post-incarceration supervision shall commence upon discharge from the sentence.

During the period of post-incarceration supervision, the prisoner shall be subject to the jurisdiction of the parole board in accordance with section 130 of chapter 127. The prisoner may be supervised in another jurisdiction in accordance with sections 151A through 151L of chapter 127 and shall be considered to be on parole for the purposes of such supervision. After a hearing and for good cause, the parole board may terminate the period of post-incarceration supervision at any time before completion. An individual who violates a condition of post-incarceration supervision shall be subject to the provisions of section 149 of chapter 127. Upon a first violation, the prisoner may be incarcerated for a period no greater than two months or the maximum remaining period of post-incarceration supervision, whichever is less, if such violation does not otherwise constitute a criminal offense. Upon a second violation, the prisoner may be incarcerated for a period no greater than six months or the maximum remaining period of post-incarceration supervision, whichever is less, if such violation does not otherwise constitute a criminal offense. Upon a third or subsequent violation the prisoner, may be incarcerated for a period no greater than twelve months or the maximum remaining period of post-incarceration supervision, whichever is less, if such violation does not otherwise constitute a criminal offense. If such violation otherwise constitutes a criminal offense, said period of incarceration shall be served on and after any sentence received for commission of the new offense. In the event that the prisoner has been convicted of more than one offense, post-incarceration supervision may be imposed if the maximum sentence on all offenses has not been served.

Notwithstanding Section 23 of Chapter 279, where the defendant is sentenced to the house of correction, the total term of incarceration for any offense plus any additional commitment for violation of a condition or conditions of post-incarceration supervision pursuant to section 17 of chapter 211G shall not exceed the longest term fixed by law for the punishment of the crime of which the prisoner has been convicted or if the defendant is serving a sentence after being convicted of only one offense, two and one-half years, whichever is less.