NCJ Number
68403
Date Published
1977
Length
7 pages
Annotation
THIS REPORT PROVIDES AN OVERVIEW OF CRIMINAL SENTENCING IN THE DISTRICT AND SUPERIOR COURTS IN MASSACHUSETTS AND THE EFFECT THAT PAROLE HAS ON THOSE SENTENCES.
Abstract
THE MINUMUM SENTENCE TERM TO THE STATE PRISON MUST NOT BE LESS THAN 2 1/2 YEARS, WHILE THE MAXIMUM CANNOT BE LONGER THAN THE LONGEST TERM FIXED BY LAW FOR THAT PARTICULAR CRIME. THERE ARE EXCEPTIONS FOR LIFE SENTENCES. JUDGES CAN ONLY SET A MAXIMUM TERM IF THE SENTENCE EXCEEDS 2 AND 1/2 YEARS FOR MALES SENTENCED TO MCI. THE SAME IS TRUE FOR FEMALES SENTENCED TO MCI IN IN FRAMINGHAM. A DEFENDANT FOUND TO BE SEXUALLY DANGEROUS MAY BE SENTENCED TO THE TREATMENT CENTER AT BRIDGEWATER FOR A PERIOD FROM I DAY TO LIFE. A DRUG DEPENDENT DEFENDANT ASSIGNED TO A DRUG TREATMENT FACILITY WILL HAVE HIS CHARGES DISMISSED UPON COMPLETION OF HIS PROGRAM. A HABITUAL CRIMINAL, CONVICTED OF TWO OR MORE FELONIES, MUST BE SENTENCED TO MAIMUM TERM ALLOWED BY STATUTE. IF A SENTENCE IS FOR NOT MORE THAN 6 MONTHS, THEN PERSONS CAN BE PAROLED AT ANY TIME, WHILE FOR BETWEEN 6 MONTHS AND I YEAR, THEY CAN BE PAROLED AFTER SERVING HALF OF THEIR SENTENCE. FOR MORE THAN I YEAR, THE CRIMINAL IS ELIGIBLE AFTER SERVING HALF OF THE SENTENCE BUT IS UNDER THE JURISDICTION OF THE PAROLE BOARD. FOR EACH SENTENCE INCREMENT OF 6 YEARS IN MCI CONCORD AND FRAMINGHAM, PAROLE ELEGIBILITY IS CORRESPONDINGLY SET AHEAD 6 MONTHS. A DEFENDANT IS ELIGIBLE FOR PAROLE AFTER SERVING ONE-THIRD OF HIS MINIMUM SENTENCE, BUT NOT LESS THAN I YEAR. THOSE WITH LIFE SENTENCES ARE ELIGIBLE AFTER 15 YEARS WITH THE CONSENT OF THE PAROLE BOARD. INMATES CAN RECEIVE WORK RELEASES AND FURLOUGHS EXEPT FOR CERTAIN CRIMES. A SENTENCE MAY BE REDUCED BY: (1) NUMBER OF DAYS CONFINED WHILE AWAITING TRIAL; (2) DONATING BLOOD; (3) GOOD CONDUCT IN WORK AND EDUCATIONAL PROGRAMS. LISTS OF CRIMES AND GOOD CONDUCT DEDUCTIONS ARE INCLUDED. (JLF)