Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: An alleged supervised released violator is
entitled to a revocation hearing by the parole board under statutory
authorization and under the provisions of a United States Supreme Court
decision, Morrisey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33
L.Ed.2d 484 (1972).
(1) When
the board chooses to pursue revocation of probation, parole, or conditional
release, the alleged violator has the right to a revocation hearing before the
authority that originally granted the probation, parole, or conditional
release. The hearing will be held within a reasonable time frame after the
alleged violator has been made available to the granting authority either by
return to the Department of Corrections for appearance before the parole board
or return to the jurisdiction of the court.
(A) An alleged probation, parole, or
conditional release violator will be contacted by an institutional or field
probation or parole officer and given a "Request for or Waiver of Preliminary
Hearing," included herein, form to sign indicating whether s/he requests a
revocation hearing or whether s/he waives a hearing.
(B) Alleged probation violators will appear
before the court and make their desires known at that time as to whether they
want a revocation hearing.
(C) The
alleged violator may present his/her own testimony regarding the alleged
violation, and may present any other documents or evidence of mitigating
circumstances which may explain the violation.
(D) The alleged violator may present his/her
own witnesses who have relevant information concerning this violation. These
witnesses are not just to be character witnesses. It will be the alleged
violator's responsibility to produce his/her own witnesses, and s/he will be
given an opportunity to make contacts as may be necessary to assure the
appearance of any witnesses or to pay any expenses incurred by the alleged
violator in preparation for or resulting from the hearing.
(E) The alleged violator may confront and
cross-examine any adverse witness unless the board finds good cause for not
allowing a confrontation or cross-examination.
(F) The alleged probation, parole, or
conditional release violator may have a representative of his/her choice at the
revocation hearing. The representative may be a family member, a friend, an
employer, or legal counsel.
(G) A
statement by the court or the board as to the evidence relied on and reasons
for revoking shall be supplied to the probationer, parolee, or conditional
releasee.
(2) After the
revocation hearing of an alleged probation, parole, or conditional release
violator, the board will reach a decision within a reasonable amount of time.
The inmate will receive a written notice of the board's action as soon as the
notice can be prepared and delivered. Following is a possible list of decisions
the board may make, but does not exhaust the decisions open to the board:
(A) The board may request additional
information by means of various types of reports from the supervising parole
officer, consulting psychologist or psychiatrist, or any other party or agency
that might be able to supply additional information regarding the
violation;
(B) The board may
schedule the alleged violator for another personal hearing before the board to
look more deeply into the violation;
(C) The board may revoke and reschedule the
violator for a hearing or release.
1. If the
remaining time on the sentence from the date of revocation is less than twelve
(12) months, it is very likely the board will give a complete denial of further
parole consideration.
2. If the
remainder of the sentence to serve after revocation is more than twelve (12)
months, the board may schedule a hearing. The hearing will be held within one
(1) year for technical violators and absconders. A violator with a new sentence
to the Missouri Department of Corrections will be held in accordance with board
policy; and
(D) The
board may not revoke, but consider the alleged violator for reinstatement on
parole or conditional release. The release will occur as soon as a satisfactory
plan is approved by the board.
(3) Following are the rules regarding time
accredited to a parole or conditional release violator's sentence:
(A) For those offenders who were arrested for
a crime while on parole or conditional release and received a conviction and
sentence to be served outside the Department of Corrections, the board shall
determine what part, if any, of the time from the date of arrest until
completion of the sentence imposed, is counted as time served under the
sentence from which they were paroled or conditionally released;
(B) For those offenders who violate parole or
conditional release by absconding, the board shall determine what part, if any,
from the date of the board's official Order of Arrest and Return issuance to
his/her return to the Department of Corrections is counted as time served under
the original sentence;
(C) Those
offenders sentenced to the Department of Corrections under section 195.221,
RSMo, for selling, giving, or delivering a controlled substance and were
paroled prior to August 13, 1984, are compelled to serve the full amount of
their sentences if paroled, plus an additional five (5) years. If they violate
this parole, they must serve any time remaining on their sentences from the
date of the release on parole;
(D)
In case of consecutive sentence, time is accredited as any other case. If one
(1) parole is revoked and there are remaining consecutive paroles issued, all
are automatically revoked;
(E) Time
served on conditional release does count as time served on an inmate's
sentence; and
(F) If the board
revoked the parole or conditional release, the paroled person shall serve the
remainder of his/her prison term and all the conditional release term, as an
additional prison term, and the conditionally released person shall serve the
remainder of the conditional release term as an additional prison term, unless
s/he is sooner released on parole.
(4) If an inmate is revoked as a parole
violator or a conditional release violator, s/he is not eligible for
conditional release, but can be considered for parole at a later time.
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*Original authority: 217.040, RSMo 1982, amended 1989,
1993, 1995; 217.720, RSMo 1982, amended 1989, 1990, 1994; 217.722, RSMo 1989,
amended 1990, 1995; and 558.031, RSMo 1977, amended 1990, 1995.
