Massachusetts General Laws

Mass. Gen. Laws ch. 27, § 5 (2026)

Parole board; powers and duties

✓ current as of July 2026
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Section 5. The parole board shall (a) within its jurisdiction, as defined in section one hundred and twenty-eight of chapter one hundred and twenty-seven, determine which prisoners in the correctional institutions of the commonwealth or in jails or houses of correction may be released on parole, and when and under what conditions, and the power within such jurisdiction to grant a parole permit to any prisoner, and to revoke, revise, alter or amend the same, and the terms and conditions on which it was granted shall remain in the parole board until the expiration of the maximum term of the sentence or sentences for the service of which such prisoner was committed, or until the date which has been determined by deductions from the maximum term of his sentence or sentences for good conduct, or unless otherwise terminated; (b) supervise all prisoners released on parole permits granted by it, make such investigations as may be necessary in connection therewith, determine whether violation of parole terms and conditions exist in specific cases, decide the action to be taken with reference thereto, and aid paroled prisoners to secure employment; (c) be the advisory board of pardons with the power and duties in relation thereto set forth in section one hundred and fifty-four of chapter one hundred and twenty-seven; (d) supervise all prisoners pardoned on parole conditions, and report to the governor violations by any such prisoner of the parole conditions applicable to his pardon; (e) make rules relative to the performance of its duties, the calling and conduct of meetings and for the conduct of its employees in the performance of their duties; (f) print its rules and the statutes relating to its powers and duties, in convenient form, from time to time, and annually during the month of January mail or deliver one copy thereof to each justice of the superior and district courts, each sheriff and to the master, keeper or principal officer of each penal institution in the commonwealth, and two hundred copies thereof to the board of probation; (g) make an annual report to the commissioner; (h) employ subject to appropriation and the requirements of chapter thirty and chapter thirty-one an executive secretary and such hearing officers, clerks, attorneys, and other employees and consultants as the work of the parole board may require.

Any three members of the board may be appointed by the chairman to act as the parole board for the purpose of granting or revocation of paroles; provided, however, that for the purpose of considering hearing officer recommendations to the board under paragraph (b) of section one hundred and thirty-four of chapter one hundred and twenty-seven, any single member of the board may be so appointed. The chairman may also designate any member to act in his absence as the executive and administrative head of the board.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1971–2023 · leading case: Commonwealth v. Cole, 10 N.E.3d 1081 (Mass. 2014).
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Commonwealth v. Cole, 10 N.E.3d 1081 (Mass. 2014). · cites it 3× “See G. L. c. 27, § 5; G. L. c. 127, § 130. Where a parole officer believes that a parolee has violated a condition of his release, the parole officer, with the consent of a parole supervisor, has the authority *299 to “issue a warrant for the temporary custody of [the] parolee…”
Commonwealth v. Moore, 43 N.E.3d 294 (Mass. 2016). · cites it 2× “" G. L. c. 27, § 5. 8 In considering the legality of such searches, we look to "whether the intrusiveness of the government's conduct is proportional to the degree of suspicion that prompted it.”
Doe v. Massachusetts Parole Bd., 979 N.E.2d 226 (Mass. App. Ct. 2012). · cites it 2× “Moreover, the parole board has adopted comprehensive regulations concerning parole supervision that permit the parole board to set conditions of parole in accordance with the authority granted to it under G. L. c. 27, § 5. See 120 Code Mass. Regs.”
Doucette v. Massachusetts Parole Bd., 18 N.E.3d 1096 (Mass. App. Ct. 2014). “See G. L. c. 27, § 5 (granting revocation powers to the board).”
Hartford v. Hartford, 803 N.E.2d 334 (Mass. App. Ct. 2004). “Information that may subject a parolee to a parole revocation hearing is obtained by the parole officer through the parole officer’s contacts with the parolee and the members of the community in which the parolee resides.”
Clay v. Massachusetts Parole Bd., 56 N.E.3d 145 (Mass. 2016). · cites it 2× “See G. L. c. 27, § 5 (“The parole board shall.”
Barriere v. Hubbard, 710 N.E.2d 1044 (Mass. App. Ct. 1999). · cites it 5× “G. L. c. 27, § 5. Sections 128-149A of G.”
Baxter v. Commonwealth, 268 N.E.2d 670 (Mass. 1971). “See the power given by G. L. c. 27, § 5, to the board not only to grant a permit but “to revoke, revise, alter or amend the same, and the terms and conditions on which it was granted .”
Crooker v. Superintendent, Massachusetts Corr. Inst., 474 N.E.2d 556 (Mass. App. Ct. 1985). “There is an affidavit in the record from the assistant date computation specialist for the Department of Correction which treats the A sentence and the B sentences separately for purposes of calculating Crooker’s parole eligibility date. We give that determination some weight.”
Stewart v. Chairman of the Massachusetts Parole Bd., 626 N.E.2d 897 (Mass. App. Ct. 1994). “G. L. c. 27, § 5(e). We regard the statute as providing minimum requirements as to notice and hearings and not precluding notice to other interested persons or more open proceedings.”
Roberio v. Massachusetts Parole Bd. (Mass. 2019). · cites it 3× “L. c. 127, § 133A, as amended through St.”
Perry v. Treseler (D. Mass. 2020). · cites it 2× “2014) (citing Mass. Gen. Laws ch. 27, § 5 ; Mass. Gen. Laws ch.”
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— Mass. Gen. Laws ch. 27, § 5(a) — 1 case
Hartford v. Hartford, 803 N.E.2d 334 (Mass. App. Ct. 2004). “Information that may subject a parolee to a parole revocation hearing is obtained by the parole officer through the parole officer’s contacts with the parolee and the members of the community in which the parolee resides.”
— Mass. Gen. Laws ch. 27, § 5(e) — 3 cases
Crooker v. Superintendent, Massachusetts Corr. Inst., 474 N.E.2d 556 (Mass. App. Ct. 1985). “There is an affidavit in the record from the assistant date computation specialist for the Department of Correction which treats the A sentence and the B sentences separately for purposes of calculating Crooker’s parole eligibility date. We give that determination some weight.”
Stewart v. Chairman of the Massachusetts Parole Bd., 626 N.E.2d 897 (Mass. App. Ct. 1994). “G. L. c. 27, § 5(e). We regard the statute as providing minimum requirements as to notice and hearings and not precluding notice to other interested persons or more open proceedings.”
Barriere v. Hubbard, 710 N.E.2d 1044 (Mass. App. Ct. 1999). “G. L. c. 27, § 5. Sections 128-149A of G.”
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