NCJ Number
45498
Journal
Florida Bar Journal Volume: 52 Issue: 1 Dated: (JANUARY 1978) Pages: 22-26
Date Published
1978
Length
5 pages
Annotation
THE LAWS, RULES, AND PRACTICES PERTAINING TO PAROLE REVOCATION PROCEEDINGS IN FLORIDA ARE EXAMINED.
Abstract
THE DISCUSSION COVERS THE INITIATION OF THE REVOCATION PROCESS, THE PRELIMINARY AND FINAL HEARINGS, REVIEW AND APPEAL, AND THE PAROLEE'S RIGHT TO COUNSEL. IN FLORIDA THERE ARE NO PROVISIONS FOR A REHEARING BY THE PAROLE AND PROBATION COMMISSION ONCE AN ORDER REVOKING PAROLE HAS BEEN ISSUED. THERE IS NO ABSOLUTE RULE WITH RESPECT TO ASSURING COUNSEL FOR PAROLEES AT REVOCATION HEARINGS. IT IS CONCLUDED THAT MINIMUM DUE PROCESS IN PAROLE REVOCATION PROCEEDINGS REQUIRES THE FOLLOWING: WRITTEN NOTICE OF THE CLAIMED VIOLATIONS OF PAROLE; DISCLOSURE TO THE PAROLEE OF THE EVIDENCE AGAINST HIM; OPPORTUNITY FOR THE PAROLEE TO BE HEARD IN PERSON AND TO PRESENT WITNESSES AND DOCUMENTARY EVIDENCE; THE RIGHT OF THE PAROLEE TO CONFRONT AND CROSS-EXAMINE WITNESSES AGAINST HIM; A NEUTRAL AND DETACHED HEARING BODY; AND A WRITTEN STATEMENT BY THE FACTFINDERS AS TO THE EVIDENECE RELIED ON AND REASONS FOR REVOKING PAROLE. PAROLE REVOCATION HEARINGS MAY BE INFORMAL, BUT THEY SHOULD BE FAIR. IT IS NOTED THAT, ALTHOUGH THE FLORIDA COMMISSION ATTEMPTS TO ACCORD PAROLEES DUE PROCESS WHEN THEY ARE CHARGED WITH PAROLE VIOLATIONS, IT IS NOT ALWAYS SUCCESSFUL IN DOING SO. (LKM)