Current through Register Vol. XLI, No. 50, December 13, 2024
Section 92-2-4 - Rescission of Parole4.1. Grounds for Rescission. The Board may rescind and issue a Notice of Temporary Rescission of any grant of parole, including grant deferred, made pursuant to these rules: 4.1.a. If the inmate commits any infraction of Class I or Class II institutional disciplinary rules after the interview and before the actual release from the institution;4.1.b. If any information becomes available to the Board which contravenes the evidence the Panel used to reach the parole decision;4.1.c. If an inmate paroling to a foreign detainer for service of a sentence has the detainer or sentence voided; or4.1.d. If an inmate granted Contingent Parole fails to meet the conditions for his or her release on parole in the time specified by the Panel; whereupon the Parole Board shall immediately issue a notice of temporary rescission.4.2. Procedures for Rescission. 4.2.a. Upon receipt of a written report from the Division of Corrections or any other credible source, that any of the aforementioned grounds for rescission exist, the Board shall immediately issue a written hold to the institution and the inmate which shall serve as notice that the grant of parole is temporarily rescinded until such time as a rescission hearing can be held.4.2.b. Within 45 days of issuance of the written hold, a Panel of the Board shall hold a rescission hearing at the institution, or other convenient location, for the purpose of determining:4.2.b.1. Whether the inmate was found guilty of violating an institutional Class I or Class II disciplinary rule, and if so, whether rescission is warranted; or4.2.b.2. Whether the new information, which contravenes the evidence, used to reach the parole decision, is accurate, and if so, whether rescission is warranted; or4.2.b.3. If an inmate paroling to a foreign detainer for service of a sentence has the detainer or sentence voided; or4.2.b.4. Whether an inmate granted Contingent Parole fails to meet the conditions for his or her release on parole in the time specified by the Panel.4.2.c. The inmate and the warden of the institution shall receive written notice of the time and date of the rescission hearing at least five days prior thereto. The notice shall set forth the grounds upon which rescission may be based.4.2.d. The inmate may be represented at the rescission hearing by another inmate. . The inmate may present witnesses, give testimony, and cross-examine all witnesses who testify against him or her.4.2.e. Staff may be present at their own volition to testify; the Panel may also require the presence of staff as circumstances dictate.4.2.f. Institutional disciplinary reports regularly kept shall be adopted as reliable and trustworthy evidence to prove the commission of a violation of institutional Class I or Class II disciplinary rules and the circumstances thereof, insofar as such are expressly described in the findings of fact of the Disciplinary Committee or Institutional Magistrate. However, the inmate may present evidence as to the circumstances of the violation or other mitigating factors.