TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IV: PRISONER REVIEW BOARD
PART 1610 PRISONER REVIEW BOARD
SECTION 1610.150 REVOCATION HEARING
Section 1610.150 Revocation Hearing
a) If a parolee is returned to the institution or facility for an alleged violation of the terms of his parole agreement his name shall be placed on the next regular hearing docket at the institution or facility where he is confined, provided that his return to the institution or facility is at least 30 days prior to the next scheduled meeting of a panel of the Board at the institution or facility.
b) The parolee having received written notice setting forth the alleged violation of his parole agreement which has been charged against him shall be entitled to disclosure of evidence against him, opportunity to be heard in person and to present witnesses and documentary evidence and shall have the right to confront and cross-examine adverse witnesses (unless the panel member specifically finds good cause for not allowing confrontation).
c) A hearing on revocation shall be conducted before at least one member of the panel. The member will interview the parolee, any witnesses, and any persons who appear in support of the charge of violation. Each member of the Board shall have the power to administer oaths and to take the testimony of persons under oath.
d) The member will also consider all reports and written affidavits submitted on behalf of the parolee or in support of the charge against him.
e) The member shall make a record of the hearing including a summary of the statements of the parolee and any persons who appear at the hearing. The member shall not be bound by the strict rules of evidence in conducting the hearing.
f) The members of the panel will decide in closed conference the cases of any persons alleged to have violated their parole agreements. The action of a panel will be the action of the Board.
g) The Board may revoke parole for violation of a condition occurring before the expiration of the parole term even though a determination of the alleged violation cannot be reasonably made until after the expiration of the parole term.
h) The issuance of a warrant for an alleged violation of the conditions of parole shall toll the running of the term of parole until the final determination of the charge, but if parole is not revoked, that period shall be credited as time served on parole.
i) If a panel determines that the parolee has violated any of the terms and conditions of parole, it shall issue a written statement as to the evidence relied on and the reasons for revoking parole. The parolee shall receive a copy of this statement.