Generally, offenders arrested under a Parole Division warrant fall into two categories:
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:
Preliminary hearing waived:
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:
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.