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TEXAS BOARD OF PARDONS AND PAROLES

PAROLE REVOCATION PROCESS

HOW DOES THE ADMINISTRATIVE HEARING PROCESS WORK?

Generally, offenders arrested under a Parole Division warrant fall into two categories:

  1. Those entitled to both preliminary and revocation hearings, and
  2. Those entitled to a revocation/mitigation hearing only.

At the initial interview, offenders may choose to waive one or both administrative hearings. 

Hearings follow these procedures:

Preliminary hearing requested:

After a pre-revocation interview, the parole officer schedules a preliminary hearing and notifies the offender of the date and time.

A hearing officer conducts the preliminary hearing, reviews all information and evidence, and decides whether probable cause exists to believe that a violation occurred.

If probable cause is found for at least one parole violation, the hearing officer will:

  1. Decide if the case goes to a revocation hearing and gives the offender a choice either to be heard at the revocation hearing or to waive the hearing.  If the offender chooses a hearing, it is scheduled at the preliminary hearing and all parties are notified.
  2. If the offender waives the hearing, or the hearing officer finds the case does not merit a revocation hearing, the hearing officer will forward the waiver or preliminary hearing report to a Parole Panel for disposition.  The panel generally will respond by taking one of the following actions:
    1. Continue the parole or mandatory supervision in a manner warranted by the evidence, which may include transferring the offender to a treatment facility, halfway house, Substance Abuse Felony Punishment Facility, or an Intermediate Sanction Facility.
    2. Direct the case to proceed to a revocation hearing, or
    3. Revoke the offender’s administrative release status (Only when the revocation hearing has been waived)

Preliminary hearing waived:

  1. If the hearing is waived at the initial offender interview, the parole officer forwards the waiver with attachments to the Parole Panel for disposition.  After reviewing the waiver, a Board Analyst, if there is probable cause to believe a violation occurred, may refer the case to a parole officer to schedule a revocation hearing, or may present the case to a Parole Panel for disposition.
  2. When a panel receives a preliminary hearing waiver packet, the panel generally takes one of the actions listed above (2a, b or c).

The following procedures are used for offenders entitled to a revocation hearing only:

Revocation hearing requested:

After the initial pre-revocation interview, the parole officer schedules a revocation hearing and notifies the offender of the date and time.

A hearing officer acts as the Board’s representative in conducting the revocation hearing.

The hearing officer reviews all information and evidence to determine if a preponderance of credible evidence exists to believe a violation occurred.  If evidence indicates at least one parole violation, the hearing officer moves to the mitigation phase of the hearing.
Within a reasonable time after the hearing, the hearing officer forwards to the Parole Panel a report summarizing the evidence, including all submitted documents.  The hearing officer and parole officer each make a recommendation for resolving the case.  A Board Analyst, who also makes a recommendation, presents the case to the Parole Panel.  The panel disposes of the case by either:

  1. Continuing the parole or mandatory supervision as warranted by the evidence, which may include transferring the offender to a treatment facility, halfway house, Substance Abuse Felony Punishment Facility or an Intermediate Sanction Facility,
  2. Directing the case to go to a revocation hearing (only when considering a waiver of the hearing),
  3. Revoking the offender’s administrative release status, or
  4. Referring the case back to the hearing officer for further development of factual or legal issues.

If revoked, the supervising parole officer provides the offender a copy of the hearing officer’s report and notice of the right to petition to reopen the hearing.

Waiving the revocation hearing:

If the revocation hearing is waived at the initial offender interview, the parole officer forwards the waiver with attachments to the panel.  A Board Analyst reviews the waiver and attachments to decide if a preponderance of evidence shows that a violation of parole or mandatory supervision occurred.

The analyst presents the case to a panel for final disposition.  When revocation hearings are waived, the panel will choose one of the options listed in 1-4 above.

 

Updated 01/16/2013

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