Oklahoma Administrative Code
Title 377 - Office of Juvenile Affairs
Chapter 5 - institutional placement
Subchapter 5 - HEARINGS
Section 377:5-5-3 - Parole revocation hearing

Universal Citation: OK Admin Code 377:5-5-3

Current through Vol. 41, No. 13, March 15, 2024

(a) Parole violations. When alleged violations of parole occur, the JSU worker and supervisor shall consider specific factors when deciding whether to request a revocation of a juvenile's parole. Factors include the:

(1) seriousness of the juvenile's offense;

(2) overall adjustment of the juvenile; and

(3) demonstrated lack of amenability to treatment.

(b) Pre-revocation conference. The first step toward revocation is the pre-revocation conference. The District Supervisor or designee shall meet with the juvenile, the parent, guardian, legal custodian, placement provider (if applicable), and the JSU worker to:

(1) advise the juvenile and the parent(s), guardian(s) or legal custodian(s) of their constitutional and legal rights as documented;

(2) discussed the alleged parole violations;

(3) document the violations on the Application to Revoke Parole forms; and

(4) distribute copies to the juvenile, the parent(s), guardian(s), legal custodian(s) or placement provider.

(c) Result of pre-revocation hearing. The juvenile may choose to have a hearing before a Hearing Officer or waive the hearing by signing a Waiver of Parole Revocation form.

(d) Revocation hearing. If the decision is to have a hearing, the JSU worker shall file the Application to Revoke Parole with the Parole Administrator and request that the hearing date be scheduled. The hearing shall be held in the county where the alleged violation of administrative or parole rules occurred or the county of original jurisdiction [10A O.S. § 2-7-601(B)(2)].

(e) Due process. Parole revocation hearings are held in accordance with 10A O.S. § 2-7-601(B), and OJA rules set forth in this section.

(f) Waiver of a revocation hearing. The juvenile may waive a revocation hearing anytime prior to the presentation of evidence by completing and presenting a waiver to the Hearing Officer or other representative of OJA.

(g) Conducting Interstate Compact Revocation. For juveniles on parole placed in the State of Oklahoma through the Interstate Compact on Juveniles (ICJ), a Hearing Officer shall perform a fact-finding hearing and determine if the juvenile has violated the terms of his/her parole conditions while residing in the State of Oklahoma.

(h) General provisions.

(1) The Parole Administrator shall designate a Hearing Officer to preside over the parole revocation hearing.

(2) Pursuant to 10A O.S. § 2-7-601(B)(3), if legal counsel for the juvenile has not otherwise been obtained, the JSU worker shall file an application for an Order Appointing Counsel with the District Court wherein the alleged violations occurred.

(3) Upon the JSU worker's filing an application, the Parole Administrator, in cooperation with the Hearing Officer shall schedule a revocation hearing within a reasonable period of time.

(4) Notice of the hearing, including the date, time, and place of the hearing, and a copy of the Application to Revoke Parole shall be mailed by the Parole Administrator to the juvenile, the parent, guardian or legal custodian, the judge in the county wherein the alleged violations occurred, and the juvenile's legal counsel, if one has been retained or appointed.

(5) Hearings shall be conducted in accordance with 377:5-5-5.

Added at 22 Ok Reg 2071, eff 7-1-05 ; Amended at 26 Ok Reg 2246, eff 7-1-09 ; Amended at 28 Ok Reg 1990, eff 7-15-11 ; Amended at 30 Ok Reg 705, eff 6-1-13

Disclaimer: These regulations may not be the most recent version. Oklahoma 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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