| (a) Upon request, the Board or the Board's scheduling
staff shall schedule a revocation hearing unless information has not
been presented to the Board or the Board's scheduling staff that the
releasee was served with the following:
(1) notice of the right to a revocation hearing and
that its purpose is to make a final evaluation of any contested relevant
facts and consideration of whether the facts as determined warrant
revocation of parole;
(2) written notice of the allegations of parole violation
against the releasee;
(3) notice of the right to full disclosure of the evidence
against the releasee;
(4) notice that releasee has the opportunity to be
heard in person and to present witnesses and documentary evidence;
(5) notice that the releasee has the right to confront
and cross-examine adverse witnesses unless the Hearing Officer specifically
finds good cause for not allowing confrontation of the witness;
(6) notice that releasee has an opportunity to be heard
and to show that he did not violate the conditions, or if the releasee
did, that circumstances in mitigation suggest that the violation does
not warrant revocation;
(7) notice that the case will be heard by a parole
panel or designee of the Board;
(8) notice that the releasee has the opportunity to
waive in writing the right to either or both of the preliminary and
revocation hearings, with the additional understanding that, if the
releasee waives the revocation hearing, the Board will in all probability
revoke; and
(9) notice that the releasee has the right to retain
an attorney and the conditional right to an appointed attorney.
(b) If the releasee is not entitled to a preliminary
hearing and requests a revocation hearing, the Board or the Board's
scheduling staff shall schedule a revocation hearing unless:
(1) more than fourteen calendar days have elapsed from
the time that the warrant is executed; or
(2) information has not been presented to the Board
or the Board's scheduling staff that the releasee was served with
the following:
(A) notice of the right to a revocation hearing and
that its purpose is to make a final evaluation of any contested relevant
facts and consideration of whether the facts as determined warrant
revocation of parole;
(B) written notice of the claimed allegations of parole
violation against the releasee;
(C) notice of the right to full disclosure of the evidence;
(D) notice that releasee has the opportunity to be
heard in person and to present witnesses and documentary evidence;
(E) notice that the releasee has the right to confront
and cross-examine adverse witnesses unless the Hearing Officer specifically
finds good cause for not allowing confrontation of the witness;
(F) notice that releasee has an opportunity to be heard
and to show that he did not violate the conditions, or if the releasee
did, that circumstances in mitigation suggest that the violation does
not warrant revocation;
(G) notice that the case will be heard by a parole
panel or designee of the Board;
(H) notice that the releasee has the opportunity to
waive in writing the right to either or both of the preliminary and
revocation hearings, with the additional understanding that, if the
releasee waives the revocation hearing, the Board will in all probability
revoke; and
(I) notice that the releasee has the right to retain
an attorney and the conditional right to an appointed attorney.
(c) If the Board or the Board's scheduling staff receives
a request for a revocation hearing later than the fourteenth calendar
day following the provisions described in subsection (b)(1) of this
section, the Board or the Board's scheduling staff shall require the
requestor to provide an explanation of the delay.
(d) For the purposes of subsection (b)(1) of this section,
a warrant is executed if:
(1) the releasee is arrested only on a charge that
the releasee has committed a violation of a condition of parole or
mandatory supervision and is not charged before the 91st day with
the commission of an offense; or
(2) the sheriff having custody of the releasee notifies
the division that the releasee has discharged the sentence or that
the prosecutor has dismissed the charge under Article 32.02, Code
of Criminal Procedure.
(e) In cases under subsection (d) of this section,
a revocation hearing shall be held within a reasonable time.
|
| Source Note: The provisions of this §146.8 adopted to be effective December 29, 1997, 22 TexReg 12541; amended to be effective September 17, 2000, 25 TexReg 9013; amended to be effective February 5, 2004, 29 TexReg 1210; amended to be effective February 18, 2009, 34 TexReg 1097; 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; amended to be effective November 8, 2023, 48 TexReg 6468 |
