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RULE §146.11Releasee's Motion to Reopen Hearing or Reinstate Supervision

(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

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