Massachusetts Law About Sentencing, Probation and Parole
Guidelines
Sentencing Guidelines, Mass. Sentencing Commission.
Massachusetts Laws
Master Crime List, Mass. Sentencing Commission. Lists felonies and misdemeanors first by MGL reference, and then alphabetically by offense, specifying the penalty type and sentencing information. Easiest way to find penalties for particular offenses.
St.2012, c.192, An Act Relative to Sentencing and Improving Law Enforcement Tools. Melissa's Law (3 Strikes Law). Effective August 2, 2012.
MGL c.27, s.5 Parole Board
MGL c.127, s.151A-151N. Interstate Compact for Adult Offender Supervision
MGL c.276, s.58A (1) . "The commonwealth may move, based on dangerousness, for an order of pretrial detention...[for a person] arrested and charged with a violation of paragraph (a), (c), or (m) of section 10 of chapter 269 [illegal weapons]."
MGL c.276, s.83-103 Probation Officers
Massachusetts Regulations
- 103 CMR 410 Sentence Computation
- 103 CMR 411 Deductions from Sentence (Good Time)
Court Rules
- Mass. Criminal Procedure Rule 28 Judgment
- Mass. Criminal Procedure Rule 29 Revise and Revoke
- Uniform Magistrate Rules: Rule 6: Preliminary Probation Revocation Hearings
- District Court Rules for Probation Violation Proceedings
Selected Case Law
Blakely v. Washington, 524 US 296 (2004). Applying the Apprendi decision to Washington law, the Supreme Court held that the 6th amendment requires any fact (other than a prior conviction) relied upon to impose an exceptional sentence must be admitted by the defendant or found by a jury.
LaChance v. Commissioner of Correction, 463 Mass. 767 (2012). Provides procedural safeguards for those in segregated confinement.
Agencies
Other Web Sources
In General
Comprehensive Recidivism Study, Mass. Sentencing Commission.
District Court Complaint Manual, Mass. District Court. Includes suggested language and offense codes used by prosecutors to charge someone with any of approximately 5000 offenses mentioned in the General Laws, Code of Mass. Regulations, and municipal ordinances & by-laws; provides the authorized sentencing range for each offense; and, if the penalty for an offense is derived from a different statute, that statute is referenced.
Motions to Revise and Revoke Under Mass. R. Crim. P. 29: A Quick Overview, by Dana A. Curhan. Introduction to the process and purpose of revise and revoke.
Probation and Parole
Adult Compact Version 2, Council of State Governments. Concise article explaining the interstate compact for adult supervision.
ELMO (Electronic Monitoring Program) Fact Sheet, Mass. Probation Service. A very brief introduction to the program, including RF (Radio Frequency) and GPS (Global Positioning System).
Guide to the (Parole) Hearing Process, Mass. Parole Board. A guide to the parole hearing process for the general public.
Highlights of New District Court Rules for Probation Violation Proceedings, Mass. District Court, 1999.
Interstate Compact for Adult Offender Supervision. Site includes rules, bylaws, advisory opinions, bench book for judges and court personnel, forms and more. Everything you need to know about the Interstate Compact.
Massachusetts Probation Service Fact Sheet, Mass. Trial Court.
A Refresher on Probation Laws and Procedures, Mass. Bar Association, 2009. Covers both conditions of probation and probation violations, with extensive footnotes.
Second Degree Lifer Parole Hearing Process, Mass. Parole Board. A brief guide to the process for those sentenced to second-degree life.
Print Sources
Criminal Law, Mass Practice v.32, West, 2001 with supplement.
Sentencing, Probation and Parole, MCLE, 2011.
Standards of the Massachusetts Probation Service, Probation Service, 2006.