(a) The parole panel or designee of the Board shall
conduct the preliminary hearing. The purpose of the preliminary hearing
is to determine whether there is probable cause or a reasonable belief
that the releasee violated a condition of parole or mandatory supervision.
(b) The preliminary hearing shall be held at or near
the location of the alleged violations or arrest, unless the releasee
is:
(1) detained in federal custody;
(2) held in a hospital or other facility for diagnosis
or treatment of a physical or mental condition; or
(3) arrested or detained on the authority of a warrant
in a state other than the state of release.
(c) If the decision of the parole panel or designee
of the Board is that there is probable cause or reasonable belief
to proceed to a revocation hearing, upon the request of the parole
panel, designee of the Board or the parole officer, the Board's scheduling
staff may schedule a revocation hearing;
(1) at the conclusion of the hearing, or
(2) after a pending charge is adjudicated.
(d) If the parole panel or the designee of the Board
finds that there is no probable cause or reasonable belief to proceed
to a revocation hearing or does not schedule a revocation hearing,
the parole panel or designee of the Board shall collect, prepare and
forward to a parole panel, or to the TDCJ PD Interstate Compact for
Probation and Parole Supervision, if the hearing was held pursuant
to the Interstate Commission for Adult Offender Supervision rules,
the following information:
(1) all documents and exhibits offered or admitted
into evidence at the preliminary hearing;
(2) a summary report of the evidence relied upon to
formulate the Hearing Officer's findings; and
(3) the recording of the hearing.
(e) Following a review of the supporting evidence of
rule violations as described in subsection (d) of this section, the
parole panel may dispose of the case by taking one of the following
actions:
(1) continue the parole or mandatory supervision in
any manner warranted by the evidence;
(2) proceed to a revocation hearing; or
(3) refer the case for further action.
(f) No preliminary hearing is required if the releasee:
(1) waives the preliminary hearing;
(2) has been charged only with an administrative violation
of a condition of parole or mandatory supervision; or
(3) has been adjudicated guilty of or has pleaded guilty
or nolo contendere to an offense committed after release, other than
an offense punishable by fine only involving the operation of a motor
vehicle, regardless of whether the court has deferred disposition
of the case, imposed a sentence in the case, or placed the releasee
on community supervision.
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Source Note: The provisions of this §146.7 adopted to be effective December 29, 1997, 22 TexReg 12541; amended to be effective September 17, 2000, 25 TexReg 9013; 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 15, 2024, 49 TexReg 3369 |