PETITION OF:

SECTION 1. Chapter 127 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by inserting, after section 133B, the following new section:—
Section 133C. (1) Notwithstanding any general or special law to the contrary, a person upon whom a sentence of community parole supervision for life has been imposed under the provisions of section 45 of chapter 265, shall be subject to the jurisdiction of the parole board for the entire 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.
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 on an individual basis to establish such conditions of community parole supervision for life as may be necessary to ensure public safety, which 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 178O 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 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 cases and indigency.
(2)(a) 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 fifteen 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, and 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. Said officials and victims shall be provided the opportunity to respond to such petition. Said officials and victims may appear in person or be represented or make written recommendations to the board, but failure of any or all of said officials to appear or make recommendations shall not delay the termination procedure.
If a victim is deceased at the time the hearing is scheduled on termination of said sentence, the deceased victim may be represented by his relatives in the following order: mother, father, spouse, child, grandchild, brother or sister, niece or nephew.
(b) 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 approved by the board. Said psychiatrist or psychologist shall file with the board written reports of their examinations and diagnoses, and their recommendation for the disposition of such person. The petitioner’s treatment while on community parole supervision shall be examined and considered by said psychiatrist or psychologist in said recommendation. Said reports shall be admissible in a hearing pursuant to this section. If such person refuses, without good cause, to be personally interviewed by said psychiatrist or psychologist, such person 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 person petitioning for release from supervision provided, however, that procedures shall be established for cases of hardship or indigency.
(c) At the hearing, the board shall call such witnesses as it deems necessary, including the examining psychiatrist or psychologist, the district attorney, the attorney general, the police chief or the victims of the crime or his family member, as the board deems necessary. The petitioner may offer such witnesses and other proof at the hearing as is relevant to the petition.
(d) 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 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.
(e) If a petition for release from supervision is denied by the board, such person may not file another such petition for a period of three years.
(3) An individual who violates a condition of community parole supervision shall be subject to the provisions of section 149; provided, however, that if the parolee has served the entire period of confinement under his original sentence, then the original term of imprisonment shall, upon a first violation, be increased to imprisonment in a house of correction for not more than 30 days, if such violation does not otherwise constitute a criminal offense, and upon a second and subsequent violation, said original term of imprisonment shall be increased to imprisonment for not less than ninety days nor more than two and one-half years in a house of correction, if such violation does not otherwise constitute a criminal offense; and provided, further, that if such violation otherwise constitutes a criminal offense, then said increased term of imprisonment shall be served on and after any sentence received for commission of the new offense.

SECTION 2. Chapter 265 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by adding, at the end thereof, the following section:—
Section 45. Any person who commits indecent assault and battery on a child under fourteen under the provisions of section 13B of chapter 265, indecent assault and battery on a mentally retarded person under the provisions of the first paragraph of section 13F of chapter 265, indecent assault and battery on a person who has obtained the age of fourteen under the provisions of section 13H of chapter 265, rape under the provisions of section 22 of chapter 265. rape of a child under sixteen with force under the provisions of section 22A of chapter 265, rape and abuse of a child under the provisions of section 23 of chapter 265, assault with intent to commit rape under the provisions of sec-
tion 24 of chapter 265, assault of a child under sixteen with intent to commit rape under the provisions of section 24B of chapter 265, kidnapping a child under the age of 16 under the provisions of section 26 of chapter 265 of the General Laws, or commits an attempt to violate any such section, pursuant to section 6 of chapter 274, shall, in addition to the punishment authorized by such statute, receive a sentence of community parole supervision for life, to be served under the jurisdiction of the parole board, as set forth in section 133C of chapter 127. The sentence of community parole supervision for life shall commence immediately upon the expiration of the term of imprisonment imposed upon such person by the court or upon such person’s release from probation supervision whichever first occurs.

SECTION 3. This act shall take effect on March 1, 2008 and shall apply to applicable offenses committed on or after such date.