Hearing & Review Types
Original Hearing
Each incarcerated individual whose sentence carries the possibility of parole has the right to a hearing before the Board during their sentence to determine whether a release prior to expiration will be granted.
Parole Violation Hearing
When an individual is alleged to have violated the terms or conditions of the parole agreement, Adult Probation and Parole may request that the Board issue a warrant for the individual’s arrest and return to prison. If the Board Member finds that probable cause exists for the allegations, a warrant will be issued. After the individual has been returned to prison, the incarcerated individual has the right to a parole violation hearing, which is scheduled as soon as possible after a warrant is executed.
At the parole violation hearing, the incarcerated individual will enter pleas to the allegations, stating whether they admit, deny, or plead no contest. The Board provides an attorney for the incarcerated individual during the parole violation process. Upon the entry of admissions or no contest pleas to the allegations, the hearing official may take testimony from the parole agent as well as the incarcerated individual.
Upon the entry of a denial plea, the parole violation allegations may be dismissed, the warrant recalled and the individual reinstated on parole or set for an evidentiary hearing.
Evidentiary Hearing
An Evidentiary Hearing occurs when an alleged parole violation is denied by the individual. The individual can be represented by an attorney of choice at their expense, or by the attorney provided by the Board. The individual has a right to confront and cross examine witnesses, and the right to present rebuttal evidence. Following the evidentiary hearing, a summary of the hearing is forwarded to the Board for consideration and decision.
Parole Violation Waiver and Waiver of Time
When an individual is alleged to have violated their parole, the individual is entitled to a Parole Violation hearing, where they will be asked to admit, deny, or plead no contest to the allegations. Also, sometimes a parole violation allegation results in new, pending criminal charges.
Individuals will be screened for waivers and those who qualify will receive a waiver application from the Board. In both of these situations, an individual can waive that hearing or time for the hearing.
A Parole Violation Hearing Waiver may be completed by someone who is willing to admit the parole violation allegations. By filing a waiver, an individual gives up their right to receive a Parole Violation Hearing.
A Time Waiver may be completed by someone who is waiting for new, pending charges to be complete and understands that the Board is unlikely to move forward with a Parole Violation Hearing until the charges are resolved. By filing a waiver, an individual agrees to wait until charges are resolved to continue the parole violation process.
Rehearing Hearing
Following an Original Hearing, the Board may schedule a date for an additional hearing rather than schedule release. A rehearing is conducted in much the same way as the original hearing.
Redetermination
After the Board has made a decision in a case, and when that decision is to grant a lengthy rehearing date or a parole date in the future, there is a mechanism for review of such cases. The review may or may not include a hearing.
To qualify for a redetermination an individual must:
- Have no new criminal convictions
- Have no major disciplinary violations
- Meet the following time requirements:
- For a homicide offense where the original hearing was tentatively scheduled more than 15 years after the individual’s arrival at prison and at least 10 years have passed since the Board’s last scheduling or time related decision.
- For an expiration of life sentence Board decision, at least 10 years have passed since the Board’s last time related decision.
- For every other Board decision not involving expiration of life sentence and at least five years has passed since the Board’s last time related decision.
Rescission Hearing
After the Board makes a decision to grant a release date, that individual may, at any time prior to release, be referred to the Board for a review of that decision due to behavior, new criminal convictions, or other issues that may result in the release date being taken away. If a release date is taken away, a rescission hearing will be scheduled giving the individual an opportunity to be heard.
Paper Review
When additional information is needed by the Board prior to making a decision, a paper review is ordered for tracking. A paper review can be scheduled in lieu of a hearing to track or review additional information.
Special Attention
Special attention reviews shall be initiated by Board staff when necessary to correct clerical or other errors in Board orders, or upon the receipt of a written request explaining the exceptional circumstances for which modification is sought. This type of review can be either an administrative review of the file or a personal appearance hearing.
For additional information see Board Administrative Rule R671-311-1