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    This hearing is required to be held pursuant to the United States Constitution and the Parole Board’s regulations, which provide that a hearing must be held before a parolee can be detained for a violation of parole.

    This hearing is required to be held pursuant to the United States Constitution and the Parole Board’s regulations, which provide that a hearing must be held before a parolee can be detained for a violation of parole.

    They are held within 14 days of the person’s detention on the warrant.

    A Hearing Examiner

    Probable cause

    At each type of hearing, individuals are given their rights verbally and in writing. Individuals have the right to:

    • Disclosure of evidence in support of the violations charged against them.
    • Speak, have voluntary witnesses appear on their behalf and present affidavits and other evidence.
    • Cross-examine adverse witnesses.
    • Be represented by counsel. If a person cannot afford counsel, they may request counsel from the public defender of the county in which they are incarcerated. There is no penalty for requesting counsel.
    • Request a continuance of the hearing for a good cause.

    One of the following decisions will be reached:

    1.  continue on parole, or
    2. detain and schedule violation hearing 

     

    The decision after a Preliminary Hearing CANNOT be appealed. The Parole Board regulation authorizing requests for administrative relief only applies to parole revocation decisions and recalculations based on those actions.