Ga. Comp. R. & Regs. R. 475-3-.08 - Parolee Hearings
(1) Whenever information is received that a
parolee or conditional releasee has violated the conditions of his parole or
release in a material respect, one Board member may issue a warrant for
parolee's arrest. When the alleged violation is absconding from parole
supervision or when the parolee or releasee is otherwise not available to the
Board for a hearing,a temporary revocation order, which suspends the running of
the releasee's or parolee's time from the date of the order, may be issued with
the warrant.
(2) Any person charged
with violation(s) of the conditions of his parole or conditional release will
be afforded a preliminary hearing at or near the site of the alleged violation
before a Board representative not directly involved in the case. The purpose of
this hearing is to determine whether there is probable cause to believe that
there was a violation of parole conditions and whether the parole or releasee
should be held under arrest pending the Board's decision concerning
revocation.
(3) A preliminary
hearing need not be held when the parolee or releasee has been convicted of a
new offense in a court of record, absconded from supervision, has not been
arrested on the Board's warrant prior to the final hearing, signs a waiver of
preliminary hearing, or has admitted the violation of the conditions of his
release.
(4) Any person charged
with the violation of his parole or conditional release will be given
sufficient notice of the preliminary hearing to prepare his case. The parolee
or releasee may retain counsel. At the preliminary hearing, the parolee or
releasee may present witnesses and documentary evidence in his own behalf and
cross-examine persons giving evidence at the preliminary hearing, unless the
representative conducting the hearing determines that the safety of the
informant would be jeopardized by a revelation of his identity to the parolee
or releasee. The parolee or releasee will not be required to make any statement
or answer any questions. However the Board authorizes its representatives to
administer oaths to those offering evidence at the preliminary
hearing.
(5) Any person charged
with the violation of his parole or conditional release will be afforded a
final hearing before the Board, unless he has been convicted of a new crime or
admits the violation and waives the right to such hearing. The final hearing
shall be an informal, non-adversary proceeding. The parolee or releasee may
retain counsel to represent him.
(6) At the final hearing the Board will
advise the parolee or releasee of his rights which are as follows:
(a) The right to retain counsel;
(b) The right to make statements and/or
answer questions;
(c) The right to
remain silent and that what he says may be used against him;
(d) The right to present witnesses or
documentary evidence in his behalf.
(7) The parolee or releasee will be afforded
a copy of the order of revocation should the Board determine to revoke the
parole or conditional release.
(8)
In conjunction with or instead of revoking a release, the Board may, for cause,
withhold or require forfeiture of Earned Time.
(a) The Board may grant Earned Time to
parolees and other conditional releases in the same amount that an inmate may
receive while in confinement.
Notes
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