From Northeastern University School of Law:
Executive Summary
On behalf of MHLAC, LO 3 examined the Massachusetts Parole Board’s (the Board)
treatment of incarcerated people with mental health disabilities.
Parole exists as an opportunity for incarcerated people to reintegrate into society, and the Board exists to facilitate the process of release and reentry—but it fails in many aspects of its mission. Comprised almost exclusively of former law enforcement officials, the Board regularly denies parole to qualified applicants, publishes decisions late, and makes decisions using arbitrary
criteria with little oversight or accountability. The Board’s defective design and bureaucratic dysfunction have devastating consequences for all parole-eligible people but particularly for those struggling with mental health disabilities.
Incarcerated people with mental health disabilities face relentless challenges navigating the criminal legal system, which itself creates and worsens disabilities. The parole process offers no reprieve: the Board’s policies disadvantage and discriminate against parole applicants with mental
health disabilities. The Board fails to ensure reasonable and necessary accommodations that Title II of the Americans with Disabilities Act (ADA) requires. And often, the Board’s decision-making policies weaponize applicants’ mental health disabilities to justify withholding, postponing, or
denying release. Notably, in 2021, following an investigation into the Board’s violation of the ADA’s non-discrimination requirements, the U.S. Attorney’s Office entered into a settlement agreement with the Board to ensure proper reporting, enforcement, and other provisions relating to the Title II breach.3
In this paper, we propose a series of recommendations to ensure fair treatment for
incarcerated people with mental health disabilities in Massachusetts. These recommendations stem from our research into the historical trends of parole in Massachusetts, the Board’s regulatory framework and applicable ADA violations, and a multi-state survey of other parole systems. Although these recommendations aim to ensure more equitable parole outcomes for those with mental health disabilities, implementation of the suggested changes would improve the parole for all incarcerated people.
Read the White Paper here.
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