| (a) The releasee or releasee's attorney shall have
60 days from the date of the parole panel's revocation decision to
submit a written request for reopening a case for any substantial
error in the revocation process or upon newly discovered information.
(b) A written request to reopen the revocation hearing
or reinstate supervision submitted later than 60 days from the date
of the parole panel's revocation decision will not be considered unless
under exceptional circumstances including but not limited to:
(1) judicial reversal of a judgment of conviction of
a criminal offense where the offense constituted an underlying factor
in the initial revocation decision;
(2) judicial order requiring a hearing;
(3) initial revocation effected without opportunity
for a hearing or waiver as required under law.
(c) 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 and addressed to the Texas Board of Pardons
and Paroles, Attention: General Counsel, 8610 Shoal Creek Blvd., Austin,
Texas 78757.
(d) On transmittal, a parole panel designated by the
Chair other than the original panel shall dispose of the motion by:
(1) granting of the motion and ordering that the hearing
be reopened for a stated specified and limited purpose;
(2) denial of the motion; or
(3) reversal of the panel decision previously entered
and withdrawal of the Board's revocation warrant, under the same terms
and provisions as provided in §146.10 of this title (relating
to Final Board Disposition).
(e) The releasee and attorney, if any, shall be notified
in writing of the parole panel's decision.
(f) When a releasee's motion to reopen the hearing
under this section is granted, the releasee shall be deemed to have
consented to such further reasonable delay in the final disposition
of his or her case as shall be required for the procedure described
in §146.12 of this title (relating to Procedure after Motion
to Reopen is Granted; Time; Rights of the Releasee; Final Disposition).
|
| Source Note: The provisions of this §146.11 adopted to be effective June 19, 2002, 27 TexReg 5217; amended to be effective January 16, 2006, 31 TexReg 306; amended to be effective December 9, 2007, 32 TexReg 8855; amended to be effective January 31, 2013, 38 TexReg 388; amended to be effective February 11, 2016, 41 TexReg 972; amended to be effective May 12, 2019, 44 TexReg 2269 |
