Ariz. Admin. Code § 5-4-301

Current through Register Vol. 30, No. 45, November 8, 2024

Section R5-4-301 - Rescission Hearings

A. An officer of the Department or a member of the Board may initiate the rescission process by submitting to the Board a request to rescind a previously made release decision that:

1. Alleges:

a. The inmate to be released has violated the law,

b. The inmate to be released has violated a disciplinary rule of the Department,

c. The inmate to be released is not able to meet a condition of release, or

d. The Board lacked accurate or complete information when the Board made the release decision, and

2. Includes a list of documents and items to be offered as evidence and witnesses who will be called to testify.

B. After the Board receives a completed request to rescind, the Board shall schedule a rescission hearing unless a hearing officer designated by the Board to conduct a probable cause hearing determines there is no probable cause for the requested rescission, in which case, the request to rescind is deemed denied. The Board shall provide advance notice of the date and location of the rescission hearing to the inmate and the Department.

C. The Board shall conduct the rescission hearing. The inmate may request that the hearing be continued for good cause. The Board may continue the hearing for good cause at any time.

D. At the close of the rescission hearing, the Board shall take one of the following actions:

1. Find that the allegation in the request to rescind is not true, deny the request to rescind, and allow to stand the Board's previous decision to grant release to the inmate.

2. Find that one or more of the allegations in the request to rescind are true and void the Board's previous decision to grant release to the inmate. The Department shall continue to hold the inmate in secure custody as provided by law.

3. Find that one or more of the allegations in the request to rescind are true but allow to stand the Board's previous decision to grant release to the inmate with or without additional conditions.

Ariz. Admin. Code § R5-4-301

Former Section R5-4-301 repealed effective May 31, 1991 (Supp. 91-2). New Section adopted effective September 22, 1997 (Supp. 97-3). Amended by final rulemaking at 14 A.A.R. 529, effective April 5, 2008 (Supp. 08-1).