When can parole be revoked?
Before parole can be suspended or revoked, there must be “good cause” to believe that the person violated the terms of parole. The U.S. Supreme Court has established due process requirements for parole revocation proceedings that all states must abide.
What is a parole violation warrant?
Typically, when a person is suspected of a parole violation, a warrant is issued for his arrest if he is not already in custody. In order for a parolee to be arrested and held until a revocation hearing, typically a judge must issue a temporary revocation order.
What is a parole hold?
A parole hold is generally the authorization to detain a person suspected of violating condition(s) of their parole. Parole holds are governed by federal and state laws, which vary by state. A parole hold authorizes the detention of a parolee charged with an alleged parole violation pending a parole revocation hearing.
Who is involved in the parole revocation process?
The Department is represented by a Parole Revocation Specialist (PRS) who will present evidence and examine witnesses to testify to the charges in the violation of release report. Alleged parole violators may secure their own attorneys or request to have the public defender/legal aid represent them at the Final Hearing.
What makes a person a persistent parole violator?
Persistent violators are Category 2 or 3 cases with two prior sustained violations, who upon receiving a third violation or more, may receive a time assessment not to exceed 12 months. Certain types of parole violators do not fall into Category 1, 2, or 3, and do not receive an established sanction.
When does a parole violator request a k calendar?
Parole violators with pending felony charges may request to be put on the “K Calendar” for an indefinite period and until such time as the pending felony charges are disposed of or the parole violator wishes to proceed with the Final Hearing. In January 1997, the Board of Parole adopted guidelines governing the revocation process.
How does revocation work in the Department of Corrections?
Under the amended regulations, revocation outcomes reflect a guideline structure that considers criminal history, crime of conviction, number of prior violations, and current violative behavior.