Texas Administrative Code
Title 37 - PUBLIC SAFETY AND CORRECTIONS
Part 5 - TEXAS BOARD OF PARDONS AND PAROLES
Chapter 146 - REVOCATION OF PAROLE OR MANDATORY SUPERVISION
Section 146.4 - Procedure after Waiver of Preliminary Hearing
Universal Citation: 37 TX Admin Code ยง 146.4
Current through Reg. 49, No. 12; March 22, 2024
(a) Following the waiver of the right to a preliminary hearing, the parole panel or a designee of the Board may proceed to a revocation hearing after a finding of probable cause or reasonable belief that the releasee violated a condition of parole or mandatory supervision.
(b) The parole panel or designee of the Board may accept a waiver of the preliminary hearing provided that a waiver of the preliminary hearing includes the following:
(1) information that releasee was served with
the following:
(A) notice of the right to a
preliminary hearing and that its purpose is to determine whether there is
probable cause or reasonable belief to believe the releasee has committed a
parole violation;
(B) written
notice of the allegations of parole violation against the releasee;
(C) notice of the right to full disclosure of
the evidence;
(D) notice that
releasee has the opportunity to be heard in person and to present witnesses and
documentary evidence;
(E) notice
that the releasee has the right to confront and cross-examine adverse witnesses
unless the Hearing Officer specifically finds good cause for not allowing
confrontation of the witness;
(F)
notice that the case will be heard by a parole panel or designee of the Board
;
(G) notice that the releasee has
the opportunity to waive in writing the right to either or both the preliminary
and revocation hearings, with the additional understanding that, if the
releasee waives the revocation hearing, the Board will in all probability
revoke; and
(H) notice that the
releasee has the right to retain an attorney and the conditional right to an
appointed attorney; and
(2) information which supports the evidence
of the alleged rule violations, which may include but are not limited to the
following:
(A) a complaint and information or
a grand jury indictment;
(B) a
judgment and sentence of conviction;
(C) reports of violation;
(D) witness affidavits; or
(E) other evidence if releasee was not
indicted by a grand jury or convicted.
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