If you or a loved one are currently facing criminal charges in the Massachusetts state court system, you are likely experiencing a significant amount of stress, anxiety, and confusion. The criminal justice system is incredibly complex, and one of the most pressing questions on anyone’s mind is often: “If convicted, how long will I actually have to spend behind bars before I can go home?”
Understanding the answer to that question requires a deep dive into the rules of parole. The laws and regulations surrounding parole eligibility can often seem like a completely different language, filled with dense legal jargon that is difficult for the average person to decipher. This blog post is designed specifically for people without a legal background who need to understand how parole works in Massachusetts. We will break down the official rules, step-by-step, to help you understand your rights, your potential timelines, and how different types of sentences impact your future. That said, this is not legal advice. If you are looking for legal representation, call 781-797-0555 to speak with one of our experienced criminal defense attorneys today.
What Exactly is Parole Eligibility?
Before we dive into the complex calculations, we need to establish exactly what we mean when we talk about parole. In the Massachusetts state criminal system, “parole eligibility” is officially defined as the specific date on which an incarcerated individual legally becomes eligible to be released on parole. It is important to note that reaching your parole eligibility date does not guarantee that you will be released; rather, it is the date you are legally allowed to be considered for release back into the community under supervision.
To figure out this date, the system has to measure your period of confinement. The period of confinement is measured in days, months, and calendar years, exactly as it is stated by the court in your committing “mittimus.” A mittimus is simply the official court order or warrant that directs the authorities to incarcerate you. To make the math consistent across the board, the state dictates that for sentencing purposes, a month is always considered to be exactly 30 days.
It is also crucial to understand that your timeline is not always set in stone once it begins. Any interruption in the service of your sentence before you reach your parole eligibility date will delay that date. This means that if there is a period of time where your sentence is interrupted and you are not actively serving time on that specific sentence, your parole eligibility will be delayed by the exact number of days you missed.
Where Are You Serving Your Time? House of Correction vs. State Prison
One of the biggest factors that determines how your parole is calculated is the type of facility to which you are sentenced. In Massachusetts, sentences are typically served in either a House of Correction (also referred to as a county jail) or a State Prison. The rules for calculating parole eligibility are completely different for each.
House of Correction Sentences
If you receive a sentence to a House of Correction, or a total aggregate sentence of 60 days or more, you generally become eligible for parole. But when exactly does that eligibility kick in?
The standard rule for a House of Correction inmate is that the parole eligibility date occurs at exactly one-half (1/2) of the total aggregate term of incarceration, or at the two-year mark—whichever of those two timeframes is shorter. This means that if you are given a one-year sentence, you would typically be eligible for parole after serving six months. If you are given a five-year aggregate sentence in a House of Correction, the two-year rule kicks in because it is the shorter timeframe, meaning you would be eligible for parole after two years.
However, there is a major exception to this rule. It involves what the state calls a “minimum mandatory term.” A minimum mandatory term is a sentence for violating a specific statute that expressly provides for a mandatory term of incarceration and expressly prevents parole release before that mandatory term is served. If a House of Correction inmate is serving one or more minimum mandatory terms that exceed two years, the standard rule goes out the window. In that specific scenario, the parole eligibility date will only occur after the inmate has served a period of incarceration that is equal to the total aggregate length of those minimum mandatory terms.
State Prison Sentences
State Prison sentences are governed by a different set of calculations. An inmate serving a state prison term or a mandatory minimum sentence becomes eligible for parole after they have served the minimum term of their sentence, minus any deductions they might have earned for “good time.” (We will explain earned good time in more detail in the next section, as it is a crucial topic for many defendants).
There are, however, very strict rules for specific, severe charges:
- Life Sentences: Inmates serving a life sentence are generally governed by distinct rules and cannot simply rely on good time deductions to reach parole.
- Second Degree Murder: An individual sentenced for second-degree murder becomes eligible for parole only after serving the specific minimum term of years fixed by the court at the time of sentencing (between 15 and 25 years). The only exception is if their sentence is legally commuted to a lesser sentence that carries an earlier parole eligibility date.
- First Degree Murder: If the person is over 21 when the crime occurred, the sentence is a mandatory life in prison with no possibility of parole.
The Big Question: Earned Good Time and Mandatory Minimum Sentences
If you are facing charges that carry a mandatory minimum sentence, you might feel like you have no control over your timeline. A very common and specific question arises in these situations: Are people eligible for good time credits when part of their sentence involves a mandatory minimum sentence, but the overall sentence is longer than the mandatory portion?
According to their policies, the Department of Correction (DOC) says that the answer is yes.
This is incredibly important news for defendants. If your overall sentence extends beyond the mandatory minimum period, you are still eligible to earn good time credits. These deductions for earned good time are calculated to reduce the time you must serve. This means that by participating in programs, maintaining good behavior, and engaging in rehabilitative efforts, you can actively reduce the total length of your incarceration, even if your underlying convictions includes a mandatory minimum. Knowing that the DOC specifically allows for this should give hope to those facing complex sentencing structures.
Navigating Complicated Sentencing Structures: Concurrent, Consecutive, and Split Sentences
Often, a defendant is not simply given one isolated sentence. You might be convicted of multiple charges, resulting in a combination of sentences. The way the court structures these sentences drastically impacts your parole date.
Concurrent Sentences (Served at the Same Time)
When sentences are “concurrent,” it means you are serving them at the same time.
- Mixed Sentences: If you have a sentencing structure that combines both House of Correction sentences and State Prison sentences, the parole board will determine the parole eligibility date for each individual component sentence. The parole eligibility date that occurs the latest will act as the controlling date for your entire mixed sentencing structure.
- House of Correction Only: If you are serving multiple House of Correction terms concurrently, the same standard rule applies: you are eligible at half of the total aggregate term or two years, whichever is shorter (unless mandatory minimums exceeding two years are involved).
- State Prison Only: If you are serving concurrent state prison terms, the parole board calculates the eligibility date on each separate component sentence, and the latest date out of all of them becomes the controlling date for your parole eligibility.
There are also rules for crimes committed while incarcerated or on parole. If you commit a crime while incarcerated, on escape, on furlough, or on work release, you are still eligible for parole on that new sentence based on standard calculations. If that new sentence is ordered to run concurrently with the balance of your current governing sentence, the board calculates the eligibility for each new component, and the latest date controls the new aggregate structure. If you commit a crime while on parole, your new sentence can run concurrently with your original governing sentence, but only if the Massachusetts parole violation warrant is served on you before the new sentence is officially imposed.
If an inmate is serving a state sentence concurrently with a civil commitment to the Massachusetts Treatment Center for the Sexually Dangerous, they are still eligible for parole based on the standard state prison rules.
Consecutive Sentences (Served Back-to-Back)
Consecutive sentences, also known as “from and after” sentences, are served one after the other.
- If you are serving consecutive House of Correction sentences, the parole eligibility is still determined by the standard House of Correction calculations we discussed earlier.
- For consecutive State Prison sentences, the board calculates the parole eligibility date for each component sentence by running them one after the other in the order they were imposed. These dates are then aggregated together, and the latest date controls the overall parole eligibility date.
There are a few important exceptions to this aggregation rule. If you commit a crime while on parole and receive a consecutive sentence, that new sentence cannot be aggregated with your original governing sentence for the purpose of figuring out parole eligibility. Additionally, if you receive a sentence for a crime committed on or after January 1, 1988, and it is ordered to run consecutively to a life sentence, it will not be aggregated with the life sentence to calculate parole on the consecutive term.
Split Sentences and Probation Violations
A split sentence usually involves serving some time incarcerated and the rest on probation in the community. A House of Correction inmate with a split sentence is eligible for parole under standard House of Correction rules. However, note that a split sentence cannot be aggregated with any other sentence to determine parole eligibility if the parole eligibility date of that split sentence is actually longer than the committed portion of the sentence itself.
If you complete the committed portion of your sentence, get released, and are later returned as a probation violator to serve out the rest of your balance, your parole eligibility is completely recalculated based on the entire term of the sentence initially imposed by the court.
Lastly, if you are currently serving a House of Correction sentence and you suddenly receive a new “forthwith” state prison sentence, your parole eligibility calculations will entirely shift to be based on the state prison sentence rules.
Can You Get Out Earlier? The Process of Early Consideration
Many people facing charges want to know if there is any mechanism to be released before their officially calculated date. The regulations do outline a process for “Early Consideration,” which is defined as consideration for release prior to reaching your actual parole eligibility date.
However, the availability of this option depends heavily on where you are serving your time:
- House of Correction: House of correction inmates are generally the only class of inmates broadly eligible for early consideration. If there are “compelling reasons,” a standard parole hearing panel has the authority to release a House of Correction inmate up to 60 days earlier than their parole eligibility date. If the request is to be released more than 60 days early, it requires the full Parole Board to review and approve it for compelling reasons.
- State Prison: Inmates serving state prison sentences are generally not eligible for early consideration of parole release. There is a narrow exception for inmates serving a sentence for a crime committed before July 1, 1994, provided their state sentence carries a “b” parole eligibility,. An inmate serving a state prison sentence with an “a” parole eligibility cannot petition for early consideration under any circumstances. An inmate with a “b” sentence must serve a specific portion (“a”) of their sentence before becoming eligible to even ask for early consideration, and they must present their petition directly to the Department of Correction.
What Counts as a Compelling Reason? If you are eligible to ask for early consideration, the Parole Board will look for highly compelling reasons to grant it. These include, but are not limited to:
- A serious medical or physical condition.
- Exceptional achievement in a rehabilitative program behind bars.
- Official acceptance into a community rehabilitative program outside.
- Any other reason that the Parole Board determines is sufficiently compelling to warrant early release.
The Parole Board might decide to advance an inmate’s parole eligibility based on its own internal review of a case, or an inmate can file a specific petition. If you choose to file a petition, you must state your reasons with extreme specificity, and your petition will carry significantly more weight if you attach concrete proof of your claims. Ultimately, granting early consideration requires a majority vote by either the panel or the full Board. If a hearing is scheduled, the Parole Board is legally required to provide written notice to the sentencing judge, the District Attorney’s office that prosecuted you, and any registered victims of your offenses.
A Note for Pregnant Women: There is a compassionate regulation specifically for pregnant inmates. A pregnant inmate becomes immediately eligible for parole if she can present the Parole Board with a certification from her treating physician stating that granting parole release is in the best interest of the mother or her unborn child. This medical certification must clearly state the medical or physical condition warranting the early release and explain exactly how being released early would serve to address that condition.
Special Designations: Habitual Criminals and Habitual Offenders
If you have a history of prior convictions, the court may seek to designate you as a habitual offender, which changes everything about your parole eligibility. It is vital to note that these specific criteria apply only to triggering offenses that occurred on or after August 2, 2012. (For offenses before August 2, 2012, the old statute governs, making you eligible at 1/2 of your maximum sentence minus good time, and there is no category that entirely eliminates parole eligibility).
Under current regulations for post-2012 offenses, there are two distinct categories:
- Habitual Criminal: If you are officially sentenced as a Habitual Criminal, you will still have a chance at parole. You become parole eligible after serving a specific designated portion of your maximum sentence, minus any deductions you have earned for good time. Once you reach that initial milestone and serve that designated portion of the maximum sentence, you will then be eligible to be reviewed for parole every two years until you are either released on parole or your entire sentence expires.
- Habitual Offender: This designation is much more severe. If the court sentences you as a Habitual Offender, the judge is required to sentence you to the absolute maximum term provided by law for your specific offense. Furthermore, if you are designated as a Habitual Offender, you are completely ineligible for parole. You will have to serve the maximum term in its entirety.
Conclusion
Facing criminal charges is a daunting experience, and the uncertainty of sentencing and parole only adds to the burden. We hope this breakdown of the Massachusetts state court criminal system’s parole regulations provides you with some clarity. From understanding the difference between House of Correction and State Prison calculations, to knowing that you can still earn good time credits on sentences with mandatory minimums, having this knowledge empowers you to better understand your situation. Always remember to discuss these concepts thoroughly with your legal counsel, as they can apply these rules directly to the unique circumstances of your case.
