Parole violators legally may be entitled to both a preliminary hearing and a revocation hearing, or in some cases to just the revocation hearing. A preliminary hearing seeks to determine if probable cause exists to believe an offender violated one or more conditions of parole. If probable cause is found, the revocation hearing may be held. For the Board to revoke an offender's parole or mandatory supervision, a revocation hearing must find a preponderance of credible evidence that one or more parole conditions were violated.
Preliminary and revocation hearings are conducted in two phases. The first (allegation) phase is limited to presenting evidence for alleged violations. The hearing does not proceed to the second phase unless an applicable level of proof is found for at least one violation. The second (adjustment) phase, or mitigation hearing, provides an opportunity to weigh evidence about an offender's adjustment while on parole, such as work history, compliance with required programs and conditions of administrative release and previous violations of parole or mandatory supervision.