Current through Reg. 49, No. 12; March 22, 2024
(a) Upon request,
the Board or the Board's scheduling staff shall schedule a revocation hearing
unless information has not been presented to the Board or the Board's
scheduling staff that the releasee was served with the following:
(1) notice of the right to a revocation
hearing and that its purpose is to make a final evaluation of any contested
relevant facts and consideration of whether the facts as determined warrant
revocation of parole;
(2) written
notice of the allegations of parole violation against the releasee;
(3) notice of the right to full disclosure of
the evidence against the releasee;
(4) notice that releasee has the opportunity
to be heard in person and to present witnesses and documentary
evidence;
(5) 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;
(6)
notice that releasee has an opportunity to be heard and to show that he did not
violate the conditions, or if the releasee did, that circumstances in
mitigation suggest that the violation does not warrant revocation;
(7) notice that the case will be heard by a
parole panel or designee of the Board;
(8) notice that the releasee has the
opportunity to waive in writing the right to either or both of 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
(9) notice that the
releasee has the right to retain an attorney and the conditional right to an
appointed attorney.
(b)
If the releasee is not entitled to a preliminary hearing and requests a
revocation hearing, the Board or the Board's scheduling staff shall schedule a
revocation hearing unless:
(1) more than
fourteen calendar days have elapsed from the time that the warrant is executed;
or
(2) information has not been
presented to the Board or the Board's scheduling staff that the releasee was
served with the following:
(A) notice of the
right to a revocation hearing and that its purpose is to make a final
evaluation of any contested relevant facts and consideration of whether the
facts as determined warrant revocation of parole;
(B) written notice of the claimed 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 releasee has an opportunity to be heard and to show that he did not
violate the conditions, or if the releasee did, that circumstances in
mitigation suggest that the violation does not warrant revocation;
(G) notice that the case will be heard by a
parole panel or designee of the Board;
(H) notice that the releasee has the
opportunity to waive in writing the right to either or both of 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
(I) notice that the
releasee has the right to retain an attorney and the conditional right to an
appointed attorney.
(c) If the Board or the Board's scheduling
staff receives a request for a revocation hearing later than the fourteenth
calendar day following the provisions described in subsection (b)(1) of this
section, the Board or the Board's scheduling staff shall require the requestor
to provide an explanation of the delay.
(d) For the purposes of subsection (b)(1) of
this section, a warrant is executed if:
(1)
the releasee is arrested only on a charge that the releasee has committed a
violation of a condition of parole or mandatory supervision and is not charged
before the 91st day with the commission of an offense; or
(2) the sheriff having custody of the
releasee notifies the division that the releasee has discharged the sentence or
that the prosecutor has dismissed the charge under Article
32.02,
Code of Criminal Procedure.
(e) In cases under subsection (d) of this
section, a revocation hearing shall be held within a reasonable time.
