Connecticut Administrative Code
Title 54 - Criminal Procedure
124a(j)(1) - Revocation and Rescission of Parole
Section 54-124a(j)(1)-9 - Revocation hearing

Universal Citation: CT Reg of State Agencies 54-124a(j)(1)-9

Current through September 9, 2024

(a) Parole revocation matters not resolved earlier shall proceed to a revocation hearing not later than sixty business days from remand unless continued for good cause.

(b) The purpose of the revocation hearing is to determine contested relevant facts regarding allegations of violation of parole; to determine whether the facts as found warrant revocation of parole; and, if so, to determine an appropriate disposition.

(c) The revocation hearing shall be conducted by a Hearing Examiner and shall be electronically recorded.

(d) The rules of evidence shall not apply in a revocation hearing. The Hearing Examiner may exclude, but is not required to exclude, evidence that is irrelevant, immaterial, unduly repetitious, or excludable on constitutional or statutory grounds or based on evidentiary privilege. The Hearing Examiner may admit hearsay and evidence seized by police, and other evidence which may not be admissible in a criminal proceeding under the rules of evidence, provided there is sufficient indicia of reliability.

(e) An employee of the Board may present evidence and advocacy in support of the allegation that the offender violated conditions of parole. Alternatively, the hearing may proceed without a presenter. The absence of a presenter shall not preclude the Hearing Examiner from considering any evidence regarding revocation.

(f) Unless revocation is based on a new criminal conviction, the Hearing Examiner may require the presence of any relevant witness and shall, upon timely request of the offender, make available for questioning in the presence of the offender any person who has given information upon which revocation may be based unless the witness is excused for cause. The Chairperson shall issue and cause to be served any subpoena necessary to ensure the timely presence of any witness.

(g) The offender shall have the opportunity to be heard and present evidence and advocacy in defense against the allegation, showing there was no violation of the conditions of parole or, if so, that circumstances in mitigation show that the violation does not warrant revocation. 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.

(h) At the conclusion of evidence regarding the alleged violation, the Hearing Examiner shall make findings regarding violation of parole. If the Hearing Examiner finds no violation, the hearing shall conclude and the offender's parole reinstated. If the Hearing Examiner concludes that the offender violated a condition of parole and that the violation may merit revocation, the Hearing Examiner shall hear from both the attending parole officer and the offender regarding the offender's background and history for the purpose of considering the appropriate disposition.

(i) At the conclusion of evidence and advocacy regarding the offender's background and history, the Hearing Examiner shall determine whether to reinstate, with or without modification of the conditions of parole, or whether to recommend revocation. If revocation is recommended, the Hearing Examiner shall also recommend the period of confinement to be imposed.

(j) If reinstatement with modification of the conditions of parole is being considered, the Hearing Examiner shall afford the offender the opportunity to be heard with respect to the modification of the conditions of parole.

(k) At the conclusion of the hearing the Hearing Examiner may:

(1) Find that the offender has violated the conditions of parole but recommend to the Chairperson or designee that the offender's parole be reinstated and may recommend to the Chairperson or designee modifications of the conditions of parole. If the offender disagrees with the modification of the conditions of parole, the offender may petition the Board by letter to reconsider the modified conditions of parole, but the modified conditions of parole shall remain in effect until removed by the Board;

(2) Find that the offender has violated the conditions of parole and recommend:
(A) Reincarceration for the remainder of the sentence imposed by the court, a reparole date, or a new parole eligibility date.

(B) Forfeiture of any good conduct credit which may have been earned pursuant to Section 18-7 and 18-7a of the Connecticut General Statutes.

(l) The Hearing Examiner shall prepare a written report of the findings and recommendations for approval by a panel of the Board.

(m) A panel of the Board shall consider all recommendations to revoke parole or to modify the conditions of parole, and may:

(1) Approve and adopt the recommendation as the decision of the Board;

(2) disapprove the recommendation and, using the evidence presented at the hearing, impose a shorter period of reincarceration or lesser amount of good conduct credit forfeiture than that proposed, or reinstate, with or without modifications; or

(3) impose a period of reincarceration longer than or impose a forfeiture of good conduct credit in addition to that recommended but only after notice and opportunity for a supplementary hearing to allow the offender to respond to concerns of the Board.
(A) Any supplementary hearing held by the Board shall be duly noticed and limited to the issues the Board determines may justify additional confinement upon revocation. Upon imposition of a period of incarceration longer than that recommended, the Board shall include its reasons therefor in the written decision.

(n) The Board shall issue a final written decision and shall notify the offender and the Commissioner of Correction or designee.

(o) Upon revocation of discretionary parole, the offender shall be held on the original criminal court mittimus for a period equal to the unexpired portion of the sentence, in accordance with Section 54-128(a) of the Connecticut General Statutes, or such lesser time as specified by the Board.

(p) Upon revocation of Special Parole, the Chairperson or designee shall issue a mittimus declaring the cause of commitment and requiring the warden of the correctional institution or community correctional center to receive and keep such person for the period fixed by the judgment of the Board, in accordance with the provisions of section 54-97 of the Connecticut General Statutes.

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