PAROLE REVOCATION PROCESS
WHAT HAPPENS WHEN THE PAROLE DIVISION ASKS FOR THE HEARING?
Once the offender is detained and Parole Division decides on a hearing, the offender is interviewed by a parole officer. The offender is advised of their rights in the revocation hearing process to:
- be personally served with written notice of alleged parole violations,
- a preliminary hearing unless the offender is accused only of administrative violations or has been convicted of a new criminal offense. The purpose of this hearing is to determine if there is probable cause to believe a condition of release was violated. In some cases, the offender may choose to waive the preliminary hearing,
- a revocation hearing if the offender is alleged to have committed administrative violations or has been found guilty in a criminal case,
- full disclosure of all the evidence against the offender before the hearing,
- hire an attorney and, under certain circumstances, the conditional right to a state-appointed attorney,
- tell the hearing officer in person what happened and to present evidence, affidavits, letters, and documents to support their position, including the right to subpoena witnesses through the parole officer,
- confront and cross-examine adverse witnesses (unless the hearing officer finds good cause to deny confrontation),
- be heard on the allegations by someone designated by the Board.
If parole or mandatory supervision is revoked as a result of the hearing, the offender receives a written report by the hearing officer which describes the evidence relied upon in finding a violation. In certain cases, the offender may petition the Board to reopen the revocation hearing.
Updated 01/16/2013
