SENATE, No. 1008

By Mr. Moore, a petition (accompanied by bill, Senate, No. 1008) of Richard T. Moore and Edward G. Connolly for legislation relative to the postponement or waiver of a parole hearing. The Judiciary

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Five.

AN ACT RELATIVE TO THE POSTPONEMENT OR WAIVER OF A PAROLE HEARING.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.

Chapter 127 of the General Laws is hereby amended by inserting after section 130 the following section:-

            Section 130A.  In the absence of a criminal charge pending against a prisoner, a parole hearing scheduled for such prisoner shall not be postponed at the request of such inmate.  A prisoner, except a prisoner serving a life sentence, with a criminal charge pending against him may in writing to the parole board, within 10 days of being notified of the date of a scheduled parole hearing, request a postponement of such hearing to the next regularly scheduled hearing, not less than one year from the date of waived or postponed hearing.

            A prisoner may in writing within 10 days of being notified of a parole hearing notify the parole board of his intent to waive his right to such hearing, in which case a new hearing shall not be scheduled until the next regularly scheduled hearing, not less than one year from the date of waived or postponed hearing.