8 CCR 1511-1-13.00 - Parole Revocation Hearings

13.01 Authority. The Board has exclusive power to conduct all proceedings involving an application for Revocation of Parole. [§ 17-2-201(7), § 17-2-103, § 17-2-103.5, and § 17-2-201(7)(8), C.R.S.]

13.02 Presiding Board Members. In Revocation Hearings, one Member of the Board shall hear the case to a conclusion, unless the Chairperson assigns another Member due to the illness of unavailability of the first Member. [§ 17-2-103(2)(b), C.R.S.] The Parolee may appeal to two Members of the Board. Such appeal shall be on the record. [§ 17-2-103(2)(b), C.R.S.]

13.03 Service of Complaint. Service of the revocation Complaint shall be made no less than two business days prior to the Parole Hearing, unless good cause is shown as determined by the Board Member or administrative hearing office conducting the Parole Revocation Hearing.

A. The Board, or the administrative hearing officer, shall adhere to the requirements of § 17-22.5-107(2)(a), C.R.S., in evaluating Complaints filed for Parole revocation.

B. The Board, or administrative hearing officer, shall not revoke Parole for a technical violation unless the Board or administrative hearing officer determines on the record that appropriate intermediate sanctions have been utilized and have been ineffective or that the modification of conditions of Parole or the imposition of intermediate sanctions is not appropriate or consistent with public safety and the welfare of society. [§ 17-22.5-404(5)(c), C.R.S.]

13.04 Location. A Revocation Hearing shall be held at a location as set forth in § 17-2-103(2)(a), C.R.S.

13.05 Who May Attend. The following individuals may attend a Parole Revocation Hearing:

A. The district attorney of the county in which the Hearing is held may be in attendance to present the case. [§ 17-2-103(2)(c), C.R.S.];

B. Victims, whose statements shall remain confidential, may attend in person or by telephone, or submit written comment pursuant to Rule 3.04 and 3.05 above;

C. The Parolee's attorney, if represented by counsel;

D. Witnesses called by either the Parolee or Parole Officer in support or contradiction of the claims made against the Parolee;

E. Members of the press pursuant to Rule 3.07 above; and

F. Members of the general public pursuant to Rule 3.05 A. and B. above.

13.06 Parole Board Members and administrative hearing officers retain the authority at all times to restrict the number of visitors allowed at a Hearing to ensure the safety of all parties, and to maintain order over the proceedings.

13.07 Representation at Hearing

A. At the Revocation Hearing, the Parolee may be represented by an attorney and may testify and present witnesses and documentary evidence in defense of the charges or in mitigation or explanation thereof. [§ 17-2-103(8), C.R.S.]

B. The Board may appoint or contract with an attorney to represent a Parolee at a Parole Revocation Hearing only under the conditions set forth in § 17-2-201(13)(a), C.R.S.

13.08 Time Frame. If the Parolee is in custody after being arrested pursuant to § 17-2-104(4)(a), C.R.S., or the Parolee was arrested and then released pursuant to § 17-2-104(5), C.R.S., the Revocation Hearing shall be held within a reasonable time, not to exceed 30 days after the Parolee was arrested; however the Board may grant a delay upon good cause. [§ 17-2-103(7), C.R.S.]

13.09 Waiver of Time Frame. If a Parolee, who has been found guilty of a violation of Parole, waives the statutory right to have final disposition within five working days in order to accommodate a new condition of Parole, including, but not limited to, determining acceptance to a treatment program, the following procedure should be followed:

A. If the Waiver is accepted, the Board, or the administrative hearing officer shall request the Division to investigate the program or other condition of Parole being considered and report back to the Board no later than 45 days after the waiver.

B. Upon receipt of the Division's report as to acceptance of the Parolee into a treatment program or any new condition of Parole, the Board should act within 15 days by issuing a new mittimus.

13.10 Continuance.

A. A Board Member, or administrative hearing officer, may find good cause to continue a Revocation Hearing until a later date. A Parolee may request the continuance of his or her Revocation Hearing and present evidence demonstrating good cause therefore to the applicable Member or administrative hearing officer. In all cases, good cause for any such continuance shall be at the sole discretion of the applicable Member or administrative hearing officer.

B. If the Parolee is arrested for certain offenses as stated in § 17-2-103.5(1)(c), C.R.S., a Hearing shall be held, unless a criminal charge is still pending, in which case the Hearing shall be delayed until a disposition regarding the criminal charge.

13.11 Revocation Hearing Procedures

A. The Board shall follow the provisions set forth in § 17-2-103(11), C.R.S., for revocation proceedings. Revocation Hearings are exempt from the requirements set forth in § 24-4-105, C.R.S.

B. If the Parolee is in custody, or arrested and then Released, the Hearing on revocation shall be held within a reasonable time, not to exceed 30 days after the Parolee was arrested; except that the Board may grant a delay when it finds good cause to exist. [§ 17-2-103(7), C.R.S.]

C. If the Parolee was issued a summons, the final Hearing shall be held within 30 working days from the date the summons was issued; except that the Board may grant a delay when it finds good cause exists. [§ 17-2-103(7), C.R.S.]

D. The Board shall notify the sheriff, the community Parole Officer, and the Parolee of the date, time, and place of the Hearing. [§ 17-2-103(7), C.R.S.]

E. The Parolee shall have the right to confront and to cross-examine adverse witnesses unless the Board specifically finds good cause for not allowing confrontation of an informer.

F. The Parolee shall have the right to remain silent throughout the Revocation Hearing, or he or she may provide evidence, introduce exhibits, or present supporting witnesses.

G. The Board may revoke Parole upon the request of the Parolee, based upon the justifiable reason provided by the Parolee. [§ 17-2-103(9)(a) and (13)(a), C.R.S.] If revoking Parole based on the request of the Parolee, the Board shall follow the provisions set forth in § 17-2-103(13), C.R.S.

H. If the Board revokes Parole and places the Parolee in custody, completion of the term of custody shall not constitute discharge of the Parolee's remaining period of Parole unless the term of custody is equal to the Parolee's remaining period of Parole. [§ 17-2-103(14), C.R.S.]

I. Hearings on Complaints shall be recorded and the records shall be retained for three years.

J. The Board shall give reconsideration of Parole of a person whose Parole is revoked either for a technical violation or based on a self-revocation at least once within 180 days after the revocation pursuant to § 17-2-201(14), C.R.S.

K. Burden of Proof and Admissibility of Evidence.

(1) In the event of a plea of not guilty, the Division of Adult Parole, at the final Hearing before the Board, shall have the burden of establishing by a preponderance of the evidence the violation of a condition of Parole.

(2) However, the commission of a criminal offense must be established by a reasonable doubt unless the Parolee has been convicted thereof in a criminal proceeding. [§ 17-2-103(9)(a), C.R.S.]

(3) If the alleged violation of a condition of Parole consists of an offense with which the Parolee is charged in a pending criminal case, testimony given in a Parole Revocation Proceeding shall not be admissible in the criminal case before a court. [§ 17-2-103(9)(a), C.R.S.]

(4) If the alleged violation is the Parolee's failure to pay court-ordered compensation to appointed counsel, probation fees, court costs, restitution, or reparations, evidence of the failure to pay shall constitute prima facie evidence of a violation. [§ 17-2-103(9)(a), C.R.S.]

(5) If the Parolee has been convicted of a criminal offense while on Parole, the Board shall accept said conviction as conclusive proof of a violation and shall conduct a Hearing as to the disposition of the Parole only. [§ 17-2-103(9)(b), C.R.S.]

(6) Any evidence having probative value shall be admissible in all proceedings related to a Parole violation Complaint, regardless of its admissibility under the exclusionary rules of evidence, if the Parolee is accorded a fair opportunity to rebut hearsay evidence.

13.12 Parole Revocation Decision

A. When a recommendation has been made for revocation or modification of Parole, the final disposition shall be reduced to writing. [§ 17-2-201(9)(b), C.R.S.]

B. If the administrative hearing officer, or Member, conducting the Hearing finds the Parolee guilty of the conduct charged, but decides against revoking Parole, the record of the Hearing shall be reviewed within 15 days of the decision by two Members of the Board, exclusive of a Member who conducted the Hearing, who may overturn the decision and order the Parole to be revoked. [§ 17-2-103.5(2), C.R.S.]

C. The Board shall advise the Parolee of the final decision at the conclusion of the Hearing, or within a period not to exceed five working days, following the Hearing unless waived by the Parolee. A copy of the final order shall be delivered to the Parolee within 10 working days after the completion of the Hearing. [§ 17-2-201(9)(b), C.R.S.]

Notes

8 CCR 1511-1-13.00