Louisiana Administrative Code
Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT
Part XI - Committee on Parole
Chapter 11 - Violations of Parole
Section XI-1105 - Preliminary Hearing for Detained Parole Violators-Preliminary Hearing
Universal Citation: LA Admin Code XI-1105
Current through Register Vol. 50, No. 9, September 20, 2024
A. The preliminary hearing is a preliminary due process administrative hearing which is conducted by a hearing officer designated by the Division of Probation and Parole. The hearing officer will have no direct prior knowledge of the parolee and the circumstances surrounding the allegations.
1.
The purpose of the preliminary hearing is to determine if there is probable
cause that the parolee has violated the conditions of his parole.
2. A finding of probable cause may support
the continued detention of the parolee pending a final revocation
hearing.
3. The allegations and
findings presented in the preliminary hearing documents will be the foundation
for revocation or other specified action. The preliminary hearing will be
conducted within a reasonable time following detention and in the locale or
vicinity close to where the alleged violation occurred so that the offender has
access to both favorable and adverse witnesses.
4. Prior to the preliminary hearing, written
notification will be furnished to the parolee advising him of:
a. the charges pending against him;
b. his rights at the hearing; and
c. the date, time, and place of the
hearing.
5. The parolee
may request deferral of the preliminary hearing pending disposition of new
felony charges. The parolee may also request the deferral of the preliminary
hearing for a period of six months pending disposition of a misdemeanor
domestic abuse battery.
6. The
parolee may retain an attorney or, if eligible, be represented by appointed
counsel.
7. Documentary evidence
and oral testimony may be taken from all participants present at the hearing,
including witnesses and the parolee's friends and family.
8. At the conclusion of the hearing, the
hearing officer will issue a ruling as to probable cause.
AUTHORITY NOTE: Promulgated in accordance with R.S. 15:574.2 et seq., R.S. 15:535 et seq., and R.S. 15:540 et seq.
Disclaimer: These regulations may not be the most recent version. Louisiana 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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