Ahead Of The Game Pre Training Parole Revocation Flashcards
What happens if someone doesn’t follow the conditions of parole
Inmate signed a parole certificate saying they’d comply with all conditions of parole. If parolee don’t comply, the PO can elect to counsel the offender and keep working with them but if your non compliance is “serious or persistent” as per Hobson v State Parole Board(2014), I can decide that the revocation process should be started
If this happens, then I ask a rep of the chairman to issue a parole warrant or I do it myself (if it’s urgent and I can’t wait for a rep of the chairman) if I have probable cause to believe parolee committed or is about to commit a crime or flee the jurisdiction or is a flight risk and or if said violation is basis of a return to custody.
What happens if someone gets arrested for a new crime while on parole
Contact the PO or that’s a violation in and of itself. But believe it or not. your parole can’t be revoked just because of this. You are innocent till proven guilty. You can make bail and be released on your own recognizance.
Now, if the new charge concerns me enough, I can make a request to the director of the division of parole or the prosecutor and then only they have the authority to do something. If they choose to side with me, then the parole board panel will review the situation and decide if parolee should be detained and arrested via a parole warrant. If they decide an arrest via parole warrant is justified then after the arrest is made, the parolee will receive a probable cause hearing and if probable cause is found, it’s time for a revocation hearing. If there’s clear and convincing evidence you commit this new crime- adios, bitch. This will be prior to the trial outcome of your new pending charges. So we kinda interrupt the process here. This is called accelerated revocation.
Process for parolee if arrested on a parole warrant
No bail. Probable cause hearing(PCH) within 14-28 days . If you’re on a parole warrant u can’t be released on bail
This is heard by a hearing officer who decides if there’s probable cause to believe you’ve violated your parole conditions, If so, you’ll have to remain detained to face a revocation hearing, which will be within 60 days of parolees arrest on parole warrant.
You can choose to waive probable cause hearing and go directly to revocation hearing(95% do)
Revocation hearing
The purpose is to determine if you’ve actually violated your parole. You can contest the claim, admit it and kind of explain yourself or tell them whatever u think they should know
If you’ve been convicted of a crime, you just have a chance to give a good reason why your parole shouldn’t be revoked
The hearing officer evaluates
Revocation hearings happen within 60 days of arrest on parole warrant or of sentencing of a crime committed while on parole. Hearing officer does these too.
If you’re a sex offender the adult diagnostic snd treatment center has to prepare a report on your case that will be considered by the board
Legal technicality’s and rights
Parolee can have a lawyer at either kind of hearing
You’ll get written notice of the date, time, location of hearing; same info on violation itself(and what violation is); your rights at hearing; and what witnesses will be there
How does parolee find out their fate
Hearing officer submits written report to parole board panel. They decide and can decide to send you back to jail, change your conditions of parole, or leave everything the same. You can write to the board to appeal a revocation. You or your lawyer will receive a copy and you’ll have 7 days to send any objections or additional info. A decision is made within 21 days.
CSL/PSL
If your sentence includes CSL or PSL it’s like you’re on parole for a minimum of 15 years. A superior court judge needs to terminate it
Parole officers role in testifying
We will be at the probable cause hearing and the revocation hearing. If both are had. A lawyer will scrutinize u.
Ask the cop if a town cop did an arrest: “is the person you arrested in this room” or “do you see this person on video”
Say the good with the bad so it doesn’t seem like you’re out to get the parolee. You can mention that he complied with conditions up until…
What happens if someone is CONVICTED of a new offense while on parole
No probable cause hearing, just automatic revocation hearing.
If parolee receives a suspended sentence or time served for the new crime, I can permit them to remain in the community pending the revocation hearing. The hearing can be held in a district office or some other convient location in the community btw unless Powers that be say it has to be where parolees custody is
Revocation standard
Flight risk
Danger to themselves or community
Serious or persistent violations
