April 29, 2022 Last Updated: October 16, 2025 by Anthony Riccio
Parole gives individuals in Massachusetts the opportunity to leave prison under supervision and reintegrate into their communities. It is a second chance to reconnect with family, pursue work, and rebuild life. But parole also comes with strict rules, and failing to follow them even unintentionally can mean a return to prison.
Many people confuse parole with probation. Probation is an alternative to incarceration, while parole is early release under supervision after serving part of a sentence. This distinction is important because parole is a continuation of punishment, and violations are treated seriously by the Massachusetts Parole Board.
The board sets detailed conditions for every parolee. While the exact terms vary, common requirements include:
Even small missteps can have consequences. For example, missing counseling or failing to check in with a parole officer may be seen as non-compliance. While not every mistake leads to revocation, it can place a parolee under closer scrutiny.
“Failure to comply with any parole condition, even minor infractions can result in revocation and a return to prison.”
The Massachusetts Parole Board has broad discretion to decide when violations are serious enough for revocation. Typical grounds include:
The U.S. Supreme Court’s decision in Morrissey v. Brewer (1972) guarantees parolees certain due process protections. This means individuals accused of a violation are entitled to a hearing, notice of charges, and the ability to present evidence before their parole is revoked.
For details on the board’s authority and procedures, see Massachusetts Parole Board Regulations.
Not all violations lead directly back to prison. The board considers the seriousness of the violation, the parolee’s history, and the risk to public safety. Possible penalties include:
This graduated approach allows the board to weigh rehabilitation against public safety.
Sometimes, parole officers act quickly if they believe a parolee is engaged in criminal conduct or poses a danger. In these cases, they can request temporary custody, but it must be authorized by a supervisor and supported by a warrant.
“Temporary custody of a parolee cannot exceed 15 days and does not alter the original sentence.”
Temporary custody provides time for investigation before a full hearing. Importantly, it does not replace the formal parole revocation process, where due process protections apply.
A parole violation allegation triggers a two-step hearing process:
Preliminary hearing
Final hearing
Having legal representation is critical at both stages. A defense attorney can highlight gaps in the evidence, procedural errors, or mitigating factors that support alternatives to incarceration.
Here’s a breakdown of how the state addresses parole violations:
|
Violation Type |
Possible Penalty |
Notes |
| Minor violation (missed counseling, late restitution) | Warning or extended parole | Cannot exceed original sentence |
| Serious violation (drug/alcohol use, false info) | Temporary custody, hearing, possible revocation | Evaluated case by case |
| New criminal offense | Revocation, re-incarceration, new charges | Most severe consequence |
Violations are not always clear-cut. A missed counseling session could be due to illness. A failed drug test might result from prescribed medication. In these cases, legal representation can make a difference.
A Massachusetts criminal defense lawyer can:
This approach not only protects legal rights but also helps parolees demonstrate commitment to rehabilitation.
Probation is an alternative to prison, while parole is supervised release after serving part of a sentence.
Missed counseling, drug or alcohol use, failing restitution, contacting victims, or committing new crimes.
Up to 15 days, after which formal hearings must begin.
They have the right to notice, evidence review, legal counsel, witnesses, and cross-examination.
Yes, if the violation involves a new crime, charges will be filed in addition to parole action.
By challenging evidence, preparing defenses, and seeking alternatives to incarceration.
Parole in Massachusetts is both an opportunity and a responsibility. It allows people to rebuild their lives outside of prison, but compliance with every condition is mandatory. Violations can lead to extended supervision, a return to custody, or new charges.
If you or someone you care about is facing a parole violation, it is vital to understand your rights and options. With years of experience in criminal defense, Attorney Anthony Riccio provides strong representation in parole violation hearings, protecting clients from unnecessary incarceration and working toward fair outcomes.
