Massachusetts § 7 - Special members of parole board

§ 7. Special members of parole board

Section 7. (a) Retired members of the parole board and retired judges of the commonwealth whose names have been placed on the list of special parole board members pursuant to paragraph (d) may be designated by the secretary of the executive office of public safety, upon application by the chairman of the parole board as provided in paragraph (e), to perform such of the duties of parole board members as they are assigned by the chairman of the parole board and which they may be willing to undertake.

(b) In performing such services, a special member of the parole board shall exercise all powers and authority of the office with respect to matters to which he is assigned. Any decision or vote of any such member shall be equal to any decision or vote of any active member of the parole board.

(c) A special member of the parole board shall receive compensation equivalent to that received by active members of the parole board and payment of any pension or retirement benefits shall be deemed to have been waived during such service as provided by section ninety B of chapter thirty-two. Such special member of the parole board shall be reimbursed for all expenses incurred while performing such services. While so serving, such staff support, clerical assistance and facilities as are customarily available to active members of the parole board shall be provided.

(d) Any retired member of the parole board or any retired judge who is eligible as hereinafter provided, may notify the secretary that he wishes his name to be placed on the list of such persons who may be designated as a special member of the parole board. The secretary may place the name of any retired member of the parole board or any retired judge on the list of special parole board members. No retired judge shall be designated to serve as a special member of the parole board if he is designated and assigned pursuant to section twenty-four of chapter two hundred and eleven, section sixteen of chapter two hundred and eleven A, and section fourteen of chapter two hundred and eleven B, nor shall any such judge consider the parole eligibility, commutation or pardon of any inmate who has ever appeared before him in his judicial capacity.

(e) Application for designation of a special member of the parole board shall be made by the chairman of the parole board to the secretary by a certification by said chairman that a significant number of cases is pending and has been pending for a least thirty days and that the active members of the parole board could not dispose of these cases within sixty days. The secretary shall consult with the chairman as to the number of special members of the parole board who should be designated and the length of time such designation shall remain in effect; provided, however, that no more than three temporary appointments to the parole board shall be in effect at any one time; and provided, further, that at no time shall more than one temporary appointment serve as a member of the parole board to dispose of any particular case. In no event may a designation remain in effect for longer than one year; provided, however, that the secretary may redesignate an individual as a special parole board member. Any designation may specify that a special member may serve on a less than full time basis.

(f) Upon recommendation of the chairman, the secretary may withdraw an individual's designation as a special parole board member at any time.

(g) Whenever the secretary has designated one or more special members of the parole board, the chairman shall file with the secretary a monthly report on the efforts to address the caseload and shall indicate the number of pending cases.