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Parole Revocation Process Click on desired topic to view Introduction
What is the role of the Operations Section of the Board of Pardons and Paroles?
What are the legal authorities and requirements for the administration of parole revocation matters?
What types of administrative revocation hearings may be conducted?
How does the Board Panel decision-making process work?
What actions may the Board Panel take?
What role does the TDCJ-Parole Division play in the process?
What are the responsibilities of the hearing participants?
How does the warrant issuance process work?
What happens after the warrant is executed?
How does the administrative hearing process work?
Under what circumstances can a hearing be reopened?
-------------------------------------------------------------------------------- INTRODUCTION Prior to the U.S. Supreme Court’s decision in Morrissey v. Brewer, 408 U. S. 471, 33 L. Ed.2d 484, 494 (1972), there were no “due process” requirements regarding parole revocation. The supervising parole officer generally determined when the offender's administrative release status was revoked. The Morrissey decision provided for the establishment of an administrative hearing process by which hearings were conducted by both parole officers and supervisory personnel from the Parole Division. The Operations Section was created as a separate entity on October 1, 1980. The reasons for the establishment of a separate section were threefold. First, the number of hearings administered on a monthly basis increased to the point that there was interference with the primary job of the Parole Division personnel. Second, the ever-increasing “due process” legal requirements necessitated a specialized Hearing Officer position, which would possess the requisite body of specialized knowledge. Finally, the Morrissey decision required that the hearing officer be neutral and detached. Return to top of page
-------------------------------------------------------------------------------- WHAT IS THE ROLE OF THE OPERATIONS SECTION OF THE BOARD OF PARDONS AND PAROLES? The role of the Operations Section is to facilitate the administration of the parole revocation hearing process. This includes: 1) scheduling hearings; 2) reviewing and acting on attorney determination requests, with appointment of attorneys when needed; 3) conducting preliminary and/or revocation hearings; 4) reviewing/processing hearing reports and waiver packets (for those who have chosen to forego hearings) and making recommendations for case disposition; 5) handling hearings and extradition matters with respect to out-of-state cases being supervised by Texas under the Interstate Compact; and 6) providing a process for reconsideration of a revocation decision. Return to top of page
-------------------------------------------------------------------------------- WHAT ARE THE LEGAL AUTHORITIES AND REQUIREMENTS FOR THE ADMINISTRATION OF PAROLE REVOCATION MATTERS? The legal authorities and requirements for the administration of parole revocation matters are contained within: 1) Texas Code of Criminal Procedure, Articles 42.11 (Uniform Act for Out-of-State Parolee Supervision) 2) Texas Government Code, Chapter 508 (Parole and Mandatory Supervision Law), 3) Rules of the Texas Board of Pardons and Paroles, and 4) applicable court rulings. Additional authorities and requirements are mandated as a result of rulings made by the Texas Court of Criminal Appeals and the United States Fifth Circuit Court. The activities of the Operations Section are the means by which the due process requirements, as outlined in Morrissey v. Brewer, 408 U. S. 471, 33 L. Ed.2d 484, 494 (1972), are administered. The Supreme Court’s decision in Gagnon v. Scarpelli, 411 U.S. 778, 36 L.Ed.2d 656, 666 (1973), provided further clarification regarding due process requirements as they relate to the conditional right to be represented by an attorney. Return to top of page
-------------------------------------------------------------------------------- WHAT TYPES OF ADMINISTRATIVE REVOCATION HEARINGS MAY BE CONDUCTED? Some alleged parole violators are legally entitled to both a preliminary hearing and a revocation hearing, others to only a revocation hearing. The purpose of a preliminary hearing is to determine whether probable cause exists to believe an offender has violated one or more conditions of parole. If probable cause is found, then a second hearing called a revocation hearing may be held. In order for the Board to revoke an offender's parole or mandatory supervision based on a revocation hearing, there must be a finding, based on a preponderance of credible evidence, that one or more conditions of release have been violated. The preliminary and revocation hearings are both bifurcated (two-phased) hearings. The first phase of the hearing is the allegation phase, which is restricted to presenting evidence concerning the alleged violations. The hearing does not proceed to the second phase unless the applicable level of proof has been established for at least one of the alleged violations. The adjustment phase is normally referred to as a mitigation hearing, and it provides an opportunity to consider evidence concerning an offender's adjustment while on parole, such as work history, compliance with prescribed drug treatment programs, adherence to conditions of administrative release and previous violations of parole or mandatory supervision. Return to top of page
-------------------------------------------------------------------------------- HOW DOES THE BOARD PANEL DECISION MAKING PROCESS WORK? Three member Board Panels typically review waivers and the hearing reports generated from the hearing process. There are currently six panel locations throughout the state. The panel location where a case is considered is generally determined by the geographic location of where the hearing or waiver of a hearing has occurred. Board Panel analysts are located at each panel location. They are responsible for reviewing hearings and waivers for presentation to the Board Panel. Return to top of page
-------------------------------------------------------------------------------- WHAT ACTIONS MAY THE BOARD PANEL TAKE? The Board Panel may order various actions in the revocation process. Such actions may include the following: proceed to a revocation hearing; transfer to a Substance Abuse Felony Punishment Facility; do not revoke, but allow to continue on supervision, either with or without modification of conditions of release; do not revoke but allow to discharge if the offender is past his or her discharge date; revoke release; and reversal of previous revocation action. Return to top of page
-------------------------------------------------------------------------------- WHAT ROLE DOES THE TDCJ-PAROLE DIVISION PLAY IN THE PROCESS? The TDCJ - Parole Division is responsible for the supervision of offenders on parole or mandatory release. The Parole Division is also responsible for the violation process whereby warrants are issued for offenders who are alleged to have violated a condition of parole. The Parole Division issues all such warrants and also tracks all offenders arrested under their authority. When appropriate, such as may be the case with a first time administrative violator who has a valid release plan and no additional criminal law violations, the Parole Division rather than pursuing revocation may withdraw its warrant and continue supervision of administrative release status, possibly with impositions of some sanctions. The Parole Division may also choose to proceed with the violation process and schedule a hearing. In that event, the alleged violation will be considered by the Board. Return to top of page
-------------------------------------------------------------------------------- WHAT ARE THE RESPONSIBILITIES OF THE HEARING PARTICIPANTS?
Participant Responsibility
OFFENDER The offender is under no obligation to answer questions or provide any information concerning the alleged violation(s). The offender or his or her attorney has the right to request witnesses and should direct such requests to the parole officer. The offender or his or her attorney may ask direct and cross-examination questions of the witnesses. The offender may testify in their own behalf and present testimonial and documentary evidence in support of his or her position. An offender or his or her attorney may make objections and motions and may raise concerns regarding procedures or evidence.
HEARING OFFICER The hearing officer is an employee of the Board and is responsible for conducting revocation hearings on behalf of the Board. Authority to convene hearings is derived from Chapter 508 of the Texas Government Code and the Rules of the Texas Board of Pardons and Paroles (Published in Title 37 of the Texas Administrative Code). The hearing officer is a neutral and detached fact finder who determines the relevant facts of a case. Hearing officers are skilled examiners who are trained to identify pertinent information and objectively summarize that information in a report for presentation to the Board for a final decision.
PAROLE OFFICER The parole officer is an employee of the TDCJ - Parole Division and is responsible for bringing forth the information to support the alleged violations. The parole officer also has a duty to present exculpatory evidence that will tend to demonstrate a violation did not occur. The parole officer is responsible for obtaining subpoenas for all offenders and adverse witnesses. All requests for witnesses should be submitted to the parole officer as expeditiously as possible. The parole officer notifies all parties of witnesses expected to testify, serves subpoenas, and provides to the offender and hearing officer, copies of all documents to be presented at the hearing as evidence.
ATTORNEY Offenders may hire an attorney, at their own expense, and have a conditional right to be represented by a state appointed attorney at the revocation hearing. Factors used in determining whether the offender is to be appointed an attorney are: 1) whether the offender is indigent, 2) whether the offender lacks the ability to articulate or present a defense or mitigation evidence in response to the allegations, and/or 3) the complexity of the case and whether the offender admits the alleged violations. The attorney will examine witnesses, present witnesses, and address each allegation in defense of the offender.
WITNESSES It is the duty of witnesses to attend hearings as requested and to tell the truth by responding to relevant questions presented by the affected parties.
OBSERVERS Observers are not allowed to participate in the administrative hearing process. The attendance of observers is subject to access restrictions imposed by local jails or other confinement facilities. If permitted to attend, observers are simply there to watch the proceeding. They may not interrupt or interject during the proceeding.
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-------------------------------------------------------------------------------- HOW DOES THE WARRANT ISSUANCE PROCESS WORK? The supervising parole officer submits a report of violation when an offender on parole or mandatory release status is believed to have violated terms or conditions of supervised release. The report of violation is what determines whether a warrant will be issued. Personnel within the Parole Division will review the report of violation and determine if there is probable cause to believe a violation of parole conditions has occurred. If such a finding is made, and no other suitable sanctions appear warranted, a warrant is issued to detain the offender pending an administrative hearing. The warrant is typically published in the National Crime Information Center (NCIC) and/or the Texas Crime Information Center (TCIC) fugitives warrant database. Once an offender is detained on a parole warrant and the sheriff having custody has notified the Parole Division of arrest, the Parole Division determines whether to place the case into the hearing process. If the violations are administrative only (no criminal law violations pending disposition in a court of law), or include adjudicated charges (a conviction) and the offender has discharged any imposed sentence, a request is made for a hearing to be scheduled. The sheriff having custody is also required to notify the Parole Division when criminal charges have been dismissed and when any imposed sentence resulting from a conviction has been discharged. In instances where there are criminal charges pending adjudication, the Parole Division will normally defer the revocation process pending final disposition of the criminal charges. Return to top of page
-------------------------------------------------------------------------------- WHAT HAPPENS AFTER THE WARRANT IS EXECUTED? Once a warrant has been executed and the Parole Division has decided to proceed with an administrative revocation hearing, the offender is interviewed by a parole officer. At that time, the offender is advised of his or her rights in the revocation hearing process. The following reflects the list of rights on the notification of alleged violations form (PSV-48). 1. The right to be personally served with written notice of the rules and conditions alleged to have been violated. 2. The right to a preliminary hearing unless the offender has been alleged to have committed only administrative violations or has been convicted of a new criminal offense. The hearing will be at or near the place of the alleged parole or mandatory supervision violation. The purpose of the preliminary hearing is to determine whether there is probable cause or reasonable grounds to believe a condition of release has been violated. In some circumstances the offender may choose to waive his or her right to a preliminary hearing. 3. The right to a revocation hearing if the offender is alleged to have committed administrative violations or has been found guilty in a criminal case. 4. The right to full disclosure of all the evidence to be used against the offender. The offender will be allowed to see everything before the hearing. 5. The right to hire an attorney and, under certain circumstances, the conditional right to a state appointed attorney. 6. The right to be heard in person by telling the hearing officer what happened and to present evidence, affidavits, letters, and documents in support of the offender's position. This includes the right to subpoena witnesses through the parole officer. 7. The right to confront and cross-examine adverse witnesses (unless the hearing officer finds good cause to deny confrontation) by asking questions at the hearing. 8. The right to be heard on the violations by someone designated by the Board. If parole or mandatory supervision is revoked as a result of the hearing, the offender will receive a written report by the hearing officer which sets forth the evidence relied upon in support of the finding of a violation of one or more conditions of parole or mandatory supervision. In some circumstances the offender may request that the Board reopen the revocation hearing. Return to top of page
-------------------------------------------------------------------------------- HOW DOES THE ADMINISTRATIVE HEARING PROCESS WORK? Generally, there are two categories of offenders arrested under a warrant issued by the Parole Division: 1) those entitled to both preliminary and revocation hearings, and 2) those entitled to a revocation/mitigation hearing only. At the initial interview, the offenders are required to choose whether they want to have or waive their administrative hearing(s). Those entitled to do so, may waive either or both hearings. The following procedures are used for those offenders entitled to a preliminary and/or revocation hearing: When the preliminary hearing is requested: A. After a pre-revocation interview, the parole officer will schedule a preliminary hearing and notify the offender of the scheduled date and time of the preliminary hearing. B. A hearing officer will conduct the preliminary hearing and review all the information and evidence presented at the hearing. A determination will be made as to whether there is probable cause to believe a violation has occurred. The probable cause determination will determine how the case will be processed. C. If probable cause is found for at least one allegation, the hearing officer will initiate the following actions: 1. Decide if the case should proceed to a revocation hearing and afford the offender an opportunity to be heard at the revocation hearing or waive the hearing. If the offender decides to have the revocation hearing, it will be scheduled at the conclusion of the preliminary hearing and all parties will be notified at that time; or 2. If the offender decides to waive the hearing, or the hearing officer determines the case should not proceed to a revocation hearing, the hearing officer will forward the waiver or the preliminary hearing report to a Board Panel for disposition. The Board Panel will generally respond by taking one of the following actions: a) continue the parole or mandatory supervision in a manner warranted by the evidence, which may include transferring the offender to a treatment facility, halfway house, Substance Abuse Felony Punishment Facility, or an Intermediate Sanction Facility; b) direct the case to proceed to a revocation hearing; or c) revoke the offender's administrative release status (only when the revocation hearing has been waived).
When the preliminary hearing is waived: A. If the preliminary hearing is waived at the time the initial interview is conducted, the parole officer will forward the waiver with attachments to the Board Panel for disposition. The waiver will be reviewed by a Board Analyst. If there is probable cause to believe a violation has occurred, the Board Analyst may refer the case to a parole officer to schedule a revocation hearing; or may present the case to a Board Panel for disposition. B. When a Board Panel receives a preliminary hearing waiver packet, the panel will generally take one of the following actions: 1. continue the parole or mandatory supervision in a manner warranted by the evidence, which may include transferring the offender to a treatment facility, halfway house, Substance Abuse Felony Punishment Facility, or an Intermediate Sanction Facility; 2. direct the case to proceed to a revocation hearing; or 3. revoke the offender's administrative release status (only when the revocation hearing has been waived).
THE FOLLOWING PROCEDURES ARE USED FOR THOSE OFFENDERS ENTITLED TO A REVOCATION HEARING ONLY: When the revocation hearing is requested: A. After the initial pre-revocation interview, the parole officer will schedule a revocation hearing if the offender is not entitled to a preliminary hearing, and the revocation hearing is requested. The parole officer will notify the offender of the scheduled date and time of the hearing. B. A hearing officer who acts as the Board's representative will conduct the revocation hearing. C. The hearing officer will review all the information and evidence presented at the hearing to determine if there is a preponderance of credible evidence to believe a violation has occurred. If it is determined that such evidence exists regarding at least one condition of parole or mandatory supervision, the hearing officer will proceed to the mitigation phase of the hearing. D. Within a reasonable time after the close of the hearing, the hearing officer will forward a report summarizing the evidence, all documents and information received at the hearing to the Board for final disposition. The hearing officer and parole officer will each make a recommendation concerning the disposition of the case. A Board Analyst, who will also make a recommendation, will present the case to the Board. The Board Panel will dispose of the case by taking one of the following actions: 1) continue the parole or mandatory supervision in a manner warranted by the evidence; which may include transferring the offender to a treatment facility, halfway house, Substance Abuse Felony Punishment Facility, or an Intermediate Sanction Facility. 2) direct the case to proceed to a revocation hearing (only when considering a waiver of the revocation hearing); 3) revoke the offender's administrative release status; or 4) refer the case back to the hearing officer for further development of factual or legal issues. E. If revoked the supervising parole officer will provide the offender a copy of the report of the hearing officer and notice of the right to submit a petition to reopen the hearing.
When the revocation hearing is waived: A. If the revocation hearing is waived at the time the initial interview is conducted, the parole officer will forward the waiver with attachments to the Board Panel for disposition. A Board Analyst will review the waiver and attachments to determine if there is a preponderance of evidence that a condition of parole or mandatory supervision has been violated. B. The Analyst will present the case to a Board Panel for final disposition. Waivers of revocation hearings sent to the Board result in one of the disposition options set forth above regarding revocation hearing cases. Return to top of page
-------------------------------------------------------------------------------- UNDER WHAT CIRCUMSTANCES CAN A HEARING BE REOPENED? When an offender receives notice that the Board's decision is revocation, he or she will have 60 days from the date of the decision to request a reopening of the case for any substantial error in the revocation process or upon newly discovered information. A request to reopen the revocation hearing or reinstate supervision submitted later than 60 days from the date of the board panel's revocation decision will not be considered unless under exceptional circumstances including but not limited to: judicial reversal of a judgment of conviction of a criminal offense where the offense constituted an underlying factor in the initial revocation decision judicial order requiring a hearing initial revocation effected without opportunity for a hearing or waiver as required under law. Any such request for reopening made under this section must be in writing and delivered to the board or placed in the United States mail (certified, return receipt requested) and addressed to the Texas Board of Pardons and Paroles, Board Administrator, P.O. Box 13401, Austin, Texas 78711. Upon receipt of any request for reopening, the Board will dispose of such request by taking one of the following actions: 1. grant the motion and order the hearing to be reopened; 2. deny the motion; or 3. reverse the previous revocation decision. Return to top of page ****This information is from the Texas Admin Code for Regulations***** Updated 07/08/2002 |