NCJ Number
73508
Date Published
Unknown
Length
23 pages
Annotation
New York State's parole revocation process as it existed in 1978-79 is described, including the statutory authority for revocations, the due process rights of a parolee, and the decisionmaking procedure.
Abstract
A parole officer must report the facts of a suspected parole violation to a senior parole officer and obtain a warrant for retaking and temporary detention. After the warrant is issued, the parolee is either apprehended pursuant to the warrant or that warrant is lodged at his/her place of detention. A notice of violation is then given to the alleged violator within no more than 3 days after the execution of the warrant. The notice of violation contains a short statement of charges and informs the alleged violator of his/her legal rights, including his/her opportunity to obtain counsel and receive a timely hearing. A preliminary hearing is required within 15 days after execution of the warrant. The hearing officer does not have any prior supervisory involvement with the alleged parole violator. The hearing is conducted pursuant to the rules of evidence as they apply in administrative hearings. If probable cause is found at the preliminary hearing, the parole officer must hereafter prepare and forward to his/her parole officer a violation of parole report. This violation contains the specific charges, a statement of all the facts upon which the charges are based, and the names and addresses of all witnesses who will be called to present evidence of the violation. A final revocation hearing must be held within no more than 90 days after the probable cause determination. At the final hearing, the alleged violator is given the opportunity to hear the evidence and cross-examine each witness. A preponderance of evidence must be established to support the finding of a parole violation. Forms used in the revocation process are appended.