Section 2 - Revocation Process

1) WHAT HAPPENS IF A VIOLATION OCCURS?

If your Parole Officer obtains information which indicates that you may have violated one or more of the conditions of your release, he or she will investigate and then confer with a supervisor. If the investigation discloses evidence that you may have violated one or more of the conditions of your release in an important respect, a parole violation warrant may be issued and lodged against you as a detainer following your apprehension. You would then be served with:

(1) a Notice of Violation that describes the hearing process and lists your rights with respect to those hearings; and (2) a Violation of Release Report that describes the manner in which you allegedly violated one or more of the conditions of your parole.

2) WHO ISSUES THE WARRANT?

The warrant may be issued by a member of the Board of Parole or by a designated officer whom the Board has empowered to issue warrants. In order for a warrant to be issued, the Parole Officer who supervises you must present information to the designated officer or Board member which shows that there is a reasonable cause to believe that you have violated one or more of the conditions of your release in an important respect.

3) WHAT HAPPENS WHEN THE WARRANT IS EXECUTED?

When the parole warrant is executed, you will be detained in a local facility or detention center and may not be bailed. Within three days (five days if you are out of state) of the lodging of the warrant, you will be served with both the Notice of Violation and the Violation of Release Report. The Notice of Violation states your rights, and the date, place, and time of your Preliminary Hearing and your Final Hearing. The Violation of Release Report notifies you of the charges against you. Within fifteen days of the lodging of the warrant, a Preliminary Hearing must be scheduled unless you waive such hearing. If, at the Preliminary Hearing, it is found that there is not probable cause to believe that you have violated a condition of release in an important respect, the warrant will be cancelled and you will be restored to parole supervision. If probable cause is found at the Preliminary Hearing, or you waive the Preliminary Hearing, a member of the Board of Parole will review your case and determine whether to declare you delinquent and order a Final Hearing or to restore you to supervision.

4) WHAT IS THE PURPOSE OF THE VIOLATION OF RELEASE REPORT AND THE NOTICE OF VIOLATION?

The Violation of Release Report notifies you of the rules you are alleged to have violated and the manner in which you are said to have violated them.

The Notice of Violation advises you of the date, place, and time that the Preliminary Hearing will be held and all your rights at the Preliminary Hearing. These include the right to

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