Connecticut Administrative Code
Title 54 - Criminal Procedure
124a(j)(1) - Revocation and Rescission of Parole
Section 54-124a(j)(1)-5 - Preliminary hearing and detention

Universal Citation: CT Reg of State Agencies 54-124a(j)(1)-5

Current through March 14, 2024

(a) Unless waived, an offender charged with violation of parole shall be afforded a preliminary hearing on the charges of violation of parole.

(b) Not later than fourteen business days after the remand to actual custody, a Hearing Examiner shall conduct the preliminary hearing, unless continued for good cause.

(c) On three days advance notice to the offender, for good cause, the preliminary hearing may be expanded to constitute the final revocation hearing.

(d) At the preliminary hearing the offender may appear and testify and may present written materials and witnesses who can give relevant and material information to the Hearing Examiner regarding the allegations of violation of parole and mitigation. On request of the offender, persons who have given adverse information upon which revocation is premised shall be made available for questioning unless excused for good cause.

(e) The preliminary hearing shall be for the purpose of determining:

(1) Whether there is probable cause to believe that the offender has committed an act in violation of the conditions of parole; provided that, the probable cause finding included in an arrest warrant issued by a judge of a court of competent jurisdiction or determined at arraignment by any such court of competent jurisdiction following a new arrest shall be conclusive evidence that there is probable cause to believe that the offender has violated a condition of parole and the issue of probable cause shall not be revisited by the Hearing Examiner or other parole officials;

(2) whether the act is serious enough to warrant revocation of parole; and

(3) whether the offender should be detained pending further revocation proceedings.

(f) If the Hearing Examiner finds no probable cause to believe the offender has committed an act in violation of parole, or finds probable cause to believe the offender has committed an act in violation of parole but determines the violation is not serious enough to warrant revocation, the Hearing Examiner, shall order the offender's Parole reinstated.

(g) If the Hearing Examiner finds probable cause to believe the offender has committed an act in violation of parole serious enough to warrant revocation, the Hearing Examiner may order continued detention pending the final revocation hearing or, upon an affirmative finding that the offender is unlikely to engage in further misconduct and release does not jeopardize public safety, the Hearing Examiner, may authorize the offender released to supervision pending the hearing.

(h) Not later than twenty-one business days after the remand to actual custody, or upon completion of any preliminary hearing, if detention beyond thirty days from the remand to actual custody is appropriate, the Chairperson, or designee, shall review:

(1) The Application for Warrant for Reimprisonment;

(2) the Remand to Actual Custody Order;

(3) the Notice of Parole Violation;

(4) Any documentary or other evidence being relied upon to support revocation and, if applicable, the Hearing Examiner's findings on the preliminary hearing.

(i) The Chairperson or designee shall review the submissions to ensure probable cause exists for continued detention and, if so, shall issue and cause to be delivered to a proper officer a Warrant for Reimprisonment.

(j) If the offender is already in actual custody in Connecticut, the Warrant for Reimprisonment shall substitute for the expiring Remand to Actual Custody Order and shall be delivered to the Commissioner of Correction not later than thirty business days following the remand to actual custody.

(k) If the offender has absconded from supervision, the Warrant for Reimprisonment shall be held pending determination of the offender's location and delivered to appropriate authorities when the offender is located.

Disclaimer: These regulations may not be the most recent version. Connecticut may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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