Ariz. Admin. Code § 5-4-302

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

Section R5-4-302 - Revocation Hearings

A. An officer of the Department or a member of the Board may initiate the revocation process by requesting that the Department issue to the Board a warrant that:

1. Alleges an inmate violated a condition of the inmate's release; and

2. Lists documents and items to be offered as evidence and witnesses who will be called to testify.

B. After the Department executes the warrant and it is determined there is probable cause to believe the inmate violated a condition of the inmate's release or the inmate waives a probable cause hearing, the Board shall schedule a revocation hearing. The Board shall provide advance notice of the date and location of the revocation hearing to the inmate and the Department.

C. The Board shall conduct the revocation 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 revocation hearing, the Board shall take one of the following actions:

1. Find that each allegation in the warrant is not true and direct, in writing, that the Department release the inmate from secure custody to parole, home arrest, work furlough, or community supervision status.

2. Find that one or more of the allegations in the warrant are true and revoke the inmate's release. The Department shall immediately place the inmate in secure custody and hold the inmate as provided by law.

3. In the case of an inmate on parole, find that one or more of the allegations in the warrant are true and revoke the inmate's parole but place the inmate on home arrest. The Department shall hold the inmate in secure custody pending the inmate's release on home arrest.

4. In the case of an inmate on parole, work furlough, home arrest, or community supervision, find that one or more of the allegations in the warrant are true but reinstate the inmate's release with or without additional conditions.

E. If the Board revokes an inmate's parole status under subsection (D)(2) or (D)(3), the Board may determine whether the circumstances merit forfeiture of some or all street-time credits earned by the inmate while on parole.

Ariz. Admin. Code § R5-4-302

Former Section R5-4-302 repealed effective May 31, 1991 (Supp. 91-2).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).