37 Tex. Admin. Code § 146.11 - Releasee'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).
Notes
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