When an individual is alleged to have violated their parole, that individual is entitled to an evidentiary hearing before a Board member or hearing officer to determine if the allegations are true.  However, an individual can waive that hearing or the time for the hearing and many individuals do.

The Board currently provides a few avenues for an individual to waive their right to Parole Revocation hearing rights.  The first is a Parole Violation Hearing Waiver.  This waiver can be completed by an individual who is willing to admit to parole condition violation allegations made by Adult Probation and Parole and does not require an evidentiary hearing.  It is a complete waiver of the evidentiary hearing, with the understanding that the individual may still appear before the Board to answer questions and discuss the possible outcomes.  The second is a Time Waiver.  This waiver can be completed by an individual who has new, pending charges and understands the Board will likely not move forward with a Parole Revocation hearing until the new, pending charges are resolved.  This individual is not necessarily waiving an evidentiary hearing.  They are only waiving the time for the hearing to allow the criminal case to proceed first.

So, why complete a waiver?  If the individual knows they have new pending charges or that they will be admitting to parole violation allegations, waivers can speed up the parole violation process by eliminating a step in the process. 

For example, if an individual is planning to admit to the alleged parole violations and does not take advantage of a waiver, the Board will still schedule a Parole Violation hearing.  That hearing may be scheduled several weeks to a several months out depending on how full the Board’s calendar is and the nature of the violations.

The Board’s Administrative Rule, R671-515 Timeliness of Parole Revocation Hearings, indicates people may generally expect that their Parole Revocation hearing will be conducted within 30 days after a return to prison.  The Board strives diligently to meet that goal.   However, when a higher than usual volume of hearings is required of the Board, the 30-day target may not be possible.  This was anticipated in R671-515-3 where the Board may, for good cause, exceed the 30-day period.

That is the situation currently facing the Board.  We are experiencing a much higher than usual number of parole violation returns to prison.  Based on the high volume, individuals waiting for hearings should expect delays of as much as 90 to 120 days.