Current through Register Vol. XLI, No. 50, December 13, 2024
Section 92-2-7 - Prerequisites to Revocation Hearing7.1. Report of Charge.7.1.a. A Panel of the Board shall convene a revocation hearing only if it receives from the Division: 7.1.a.1. A written report, which lists the specific conditions the parolee is charged with violating, together with the date of each alleged violation.7.1.a.2. A written violation report detailing how each alleged violation occurred.7.1.a.3. The date on which the parolee was served with written notice of the charges.7.1.a.4. The date, if any, on which the parolee was placed in jail pursuant to the charge.7.1.a.5. The date, if any, the parolee was released from jail on bond.7.1.a.6. A written summary of the accused parolee's history of violations, risk assessment, graduated sanction attempts, length of successful supervision, the parolee's adjustment and the appropriate level of response.7.1.b. Additionally, if a preliminary revocation hearing was held by a Division hearing examiner, it shall be the responsibility of the Division to supply the Board with: 7.1.b.1. The date on which the preliminary revocation hearing was held by a Division hearing examiner, and whether for each charge the hearing examiner found probable cause.7.1.b.2. A written report by the Division hearing examiner giving a complete summary of the contents of the preliminary revocation hearing, to include:7.1.b.2.A. A summary of each of the charges in the order listed, to include, with respect to each charge, a summation of the testimony given, the exhibits entered into evidence, and the names and identity of those persons testifying.7.1.b.2.B. A written attestation by the hearing examiner as to the accuracy of such hearing summary.7.1.b.3. Copies of any documents or writings admitted as exhibits at the preliminary revocation hearing.7.1.c. In the event the parolee elects to waive the preliminary revocation hearing, it shall be the responsibility of the Division to supply the Board with:7.1.c.1. A duly executed waiver of the preliminary revocation hearing.7.1.d. The appropriate aforementioned documentation shall be received no later than the 45th day after either the date on which the parolee received written notice of the charges, or the date on which the parolee was incarcerated, whichever occurred sooner. However, the running of the 45 day period shall be tolled by:7.1.d.1. Any continuance which is sought and obtained by counsel for the parolee prior to the preliminary revocation hearing; or7.1.d.2. The pendency of any criminal charge, which is also the basis of any charge of a violation of parole conditions. This subsection shall not be applied to toll the running of the 45 day period for any other charge;7.1.d.3. The absence of the parolee from the boundaries of this State for whatever reason; or7.1.d.4. The escape or absconding of the parolee from the custody of a jail or the supervision of the Division. The Division of Corrections shall provide a written statement to the Board or its Panel explaining the facts and circumstances of any of the four aforementioned causes for cessation of the running of the 45 day period.7.2. Scheduling of Revocation Hearing.7.2.a. Upon receipt of the aforementioned requisite documentation, a Panel shall schedule a time, date and designate a location for the hearing.7.2.a.1. The revocation hearing shall be held no later than the 30th day excluding weekends and holidays following the date upon which either: 7.2.a.1.A. The preliminary hearing is held in this State, or;7.2.a.1.B. The parolee is returned to the custody of the Division of Corrections through Interstate Compact, or;7.2.a.1.C. Written waiver of the preliminary hearing is executed.7.2.b. When the Board or its Panel receives a report from the Division that indicates a parolee has been charged with a criminal offense, if the report is not accompanied by a certified copy of a criminal court order setting forth a verdict of guilty on the criminal charge, then the Panel may defer making a decision on whether to promptly schedule a revocation hearing. However, such deferral shall be for the sole purpose of awaiting the outcome of any pending criminal proceedings, and the Panel shall determine whether to hold a revocation hearing upon receipt of written information of the disposition rendered by the criminal court.7.2.d. The Division's staff shall notify the Parole Board of the status of the underlying criminal case periodically, but no greater than every thirty (30) days, for all pending revocation hearings continued under this subsection.7.2.e. Out-of-state parole violations and evidence, submitted through proper channels of the Interstate Compact Commission, and received from the supervising Parole Officer in that reporting State, will be accepted on its face and direct testimony will not be required from the reporting state.7.3. Notice of Revocation Hearing. Whenever a final revocation hearing has been scheduled, the Panel shall issue a written notice. The notice shall set forth: 7.3.a. The date, time and place of the hearing.7.3.b. The charges to be heard at the hearing and the conditions of parole which the charges allege the parolee violated.7.3.c. The accused parolee's right to be represented at the hearing by an attorney; right to have an attorney appointed by the Circuit Court; right to testify or to stand silent; right to have voluntary witnesses appear to testify on his behalf; right to present evidence in defense; and the right to confront or cross-examine witnesses, unless the Panel finds good cause shown for not disallowing direct confrontation.7.3.d. The Panel shall send notice to the accused parolee and his or her attorney, if the existence of one is known. The method of delivery shall be by facsimile to the attorney, with a hard copy sent by first class mail. The inmate shall be served by the parole officer delivering a copy of the notice. Notice shall be served at least five (5) days before the hearing, whenever possible.7.3.e. Notice of a revocation proceeding shall also be provided to any individual entitled to notice as a Victim.7.3.f. Upon receiving notice of an upcoming revocation hearing, the accused parolee or his or her attorney shall advise the Parole Board if the charges will be contested, or if a guilty plea will be entered with mitigation. This will assist the Board in scheduling of upcoming hearings.