Current through March 14, 2024
(a) After the Board
has granted parole, it may modify or rescind parole for the following reasons:
(1) A serious act of misconduct before
release;
(2) significant adverse
information regarding the offender, received after the hearing resulting in the
parole grant but before release; or
(3) the absence of a suitable release
plan.
(b) Not earlier
than sixty days before the "On or After Date" and not later than thirty days
before the "On or After Date", the Board shall conduct an electronic
pre-release file review for each offender voted to parole to determine
continued good conduct, the absence of significant adverse information and the
existence of a suitable release plan.
(c) If the electronic pre-release file review
reveals no reason for possible rescission, the offender's status shall advance
from Voted to Parole Status to Effective Parole Status.
(d) If the electronic file review indicates
reason for possible rescission, parole release shall be suspended temporarily
and the case referred to the Board for consideration for rescission of parole.
(1) In the case of serious misconduct or
significant adverse information, the case may be referred to the Board for
rescission.
(A) If the serious misconduct or
significant adverse information is not a new criminal charge, the Board shall
hold a rescission hearing in accordance with subsections (e) and (f) of this
section.
(B) If the offender is
arrested on a new criminal charge, parole release shall be held in abeyance
pending disposition of the new criminal charge. Conviction of a new criminal
charge shall result in automatic rescission of the parole release.
(2) In the absence of a suitable
release plan:
(A) Release may be deferred for
up to one hundred twenty days past the scheduled release date, without a
hearing, while the Department of Correction, Parole and Community Services
Division, continues efforts in placement; or
(B) in the event a suitable parole plan
cannot be implemented, or, in any event, one hundred twenty days after the
scheduled release date without a suitable release plan, the case shall be
referred to the Board for rescission.
(e)
Rescission Process - Effective
Parole Status - Serious Misconduct or Significant Adverse Information.
After a successful pre-release file review or, in the absence of such review,
thirty days before the "On or After Date", the offender's status becomes
Effective Parole Status. The process to rescind a previously granted parole
with less than thirty days remaining to the "On or After Date" for serious
misconduct or significant adverse information, except in the case of a new
criminal charge, shall be the same as for parole revocation and shall include:
(1) Ten-day advance written notice of the
intent to rescind parole and the specific misconduct or adverse information
supporting rescission;
(2) a
hearing before a neutral and detached Hearing Examiner not bound by the result
of prison disciplinary proceedings;
(3) the right to counsel and the limited
right to counsel appointed by the state.
(4) the right to confront and cross examine
willing adverse witnesses when doing so would not be unduly hazardous to
institutional safety;
(5) the right
to call witnesses and present documentary evidence when doing so would not be
unduly hazardous to institutional safety;
(6) a written statement of the evidence
relied on and the reasons for rescinding parole;
(7) a written or electronic record of the
proceedings.
(f)
Rescission Process. Effective Parole Status. Lack of Suitable Parole
Plan. In those cases where the Board has specified conditions precedent
to release, the process to impose such conditions precedent and to rescind
parole based on the lack of a suitable parole plan shall include:
(1) To Impose or Modify Conditions:
(A) Notice of all conditions precedent to
release imposed at the time parole is granted or as soon as practicable
following the imposition of conditions precedent;
(B) an explanation of the reasons why such
conditions precedent were being imposed;
(C) an opportunity to dispute the grounds for
application of the condition or conditions precedent;
(2) To Rescind Parole:
(A) Advance written notice of intent to
rescind parole for lack of a suitable parole plan and the reasons
therefor;
(B) consistent with
safety and security, the opportunity to review relevant materials regarding
failure to implement a suitable parole plan and opportunity to contend for
release;
(C) review of all written
materials regarding suitability of parole plan by a neutral and detached
Hearing Examiner;
(D) a written
statement of the evidence relied on and the reasons for rescinding parole for
lack of a suitable parole plan.
(g)
Rescission Process - Voted to
Parole Status - Serious Misconduct or Significant Adverse Information. After
being voted to parole. After being voted to parole but before the
pre-release file review, and earlier than thirty days before the "On or After
Date", upon notice that the offender has engaged in serious misconduct or that
there is significant adverse information previously unknown, parole release
shall be suspended temporarily and the matter referred to the Board for
rescission. The process to rescind a previously granted parole in such
circumstance for serious misconduct or significant adverse information, except
in the case of a new criminal charge, shall include:
(1) Ten-day advance written notice of the
intent to rescind parole and the specific misconduct or adverse information
supporting rescission;
(2) review
of written reports by a neutral and detached Hearing Examiner who may accept
such written reports as conclusive evidence of misconduct, provided that the
offender is given the opportunity to explain;
(3) a written statement of the evidence
relied on and the reasons for rescinding parole.
