MARVIN MANDEL, Governor                                2647

WHERE IT SHALL BE DETERMINED WHETHER THERE IS PROBABLE
CAUSE TO BELIEVE THAT THE PAROLEE HAS IN FACT COMMITTED
AN ACT WHICH WOULD CONSTITUTE A VIOLATION OF THE
CONDITIONS OF PAROLE. THE PAROLEE SHALL BE GIVEN
ADEQUATE AND TIMELY WRITTEN NOTICE OF THE ALLEGED
VIOLATION. THE PRELIMINARY HEARING SHALL TO THE EXTENT
FEASIBLE BE HELD AT OR REASONABLY NEAP THE PLACE OF THE
ALLEGED VIOLATION AND SHALL BE CONDUCTED PROMPTLY AFTER
THE ALLEGED VIOLATION. THE PAROLEE SHALL BE ALLOWED TO
APPEAR PERSONALLY AT THE PRELIMINARY HEARING, TO SPEAK IN
HIS OWN BEHALF, TO PRESENT WITNESSES AND DOCUMENTARY
EVIDENCE, TO CONFRONT AND CROSS-EXAMINE ADVERSE WITNESSES
AND TO BE REPRESENTED BY AN ATTORNEY OR ANY OTHER
QUALIFIED PERSON. THE PRELIMINARY HEARING MAY BE
CONDUCTED BY A MEMBER OF THE BOARD OR A PRELIMINARY
HEARING OFFICER WHO SHALL MAKE A WRITTEN SUMMARY OF THE
PROCEEDINGS. THE BOARD MAY ISSUE A WARRANT TO RETAKE AND
CONFINE A PAROLEE FOR A PRELIMINARY HEARING IF THE
PAROLEE FAILS TO APPEAR FOR A PRELIMINARY HEARING WHEN
NOTIFIED TO DO SO.

(B)    IF IT IS DETERMINED AT A PRELIMINARY HEARING
THAT THERE IS PROBABLE CAUSE TO BELIEVE THAT A PAROLEE
HAS COMMITTED AN ACT WHICH CONSTITUTES A VIOLATION OF THE
CONDITIONS OF PAROLE, THE BOARD SHALL PROMPTLY CONDUCT A
PAROLE REVOCATION HEARING TO DETERMINE WHETHER THE
PAROLEE SHOULD BE REIMPRISONED OR WHETHER ALTERNATIVE
STEPS SHOULD BE TAKEN FOR THE PROTECTION OF THE COMMUNITY
AND THE REINTEGRATION OF THE PAROLEE INTO THE COMMUNITY.
THE BOARD MAY ISSUE A WARRANT TO RETAKE AND CONFINE A
PAROLEE FOP A PAROLE REVOCATION HEARING IF THE BOARD
DETERMINES THAT THERE IS A SUBSTANTIAL REASON TO BELIEVE
THAT THE PAROLEE WILL NOT APPEAR FOR THE HEARING. THE
BOARD SHALL NOT ISSUE A WARRANT OR RETAKE, IMPRISON OR
OTHERWISE HOLD IN CUSTODY A PAROLEE WHO HAS BEEN ADMITTED
TO BAIL OR OTHERWISE RELEASED BY THE COURT HAVING
JURISDICTION OVER A CRIMINAL OFFENSE, THE COMMISSION OF
WHICH CONSTITUTES AN ALLEGED VIOLATION OF THE CONDITIONS
OF PAROLE.

(C)    PRIOR TO ANY PAROLE REVOCATION HEARING, THE
BOARD SHALL PROVIDE THE PAROLEE WITH ADEQUATE AND TIMELY
WRITTEN NOTICE (1) OF THE PLACE, DATE AND TIME OF THE
HEARING, (2) OF THE ALLEGED VIOLATION OF THE CONDITIONS
OF PAROLE AND OF THE EVIDENCE AGAINST THE PAROLEE, AND

(3) THAT THE PAROLEE OR HIS REPRESENTATIVE SHALL BE
ALLOWED, UPON REQUEST, TO EXAMINE AND INSPECT PRIOR TO
THE PAROLE REVOCATION HEARING, ANY FILE, REPORT, OR OTHER
DOCUMENT NOT OTHERWISE PRIVILEGED, OR ANY PORTION
THEREOF, TO BE USED BY THE BOARD IN MAKING ITS
DETERMINATION. THE PAROLEE SHALL BE ALLOWED TO APPEAR
PERSONALLY AT THE PAROLE REVOCATION HEARING, TO SPEAK IN
HIS OWN BEHALF, TO PRESENT WITNESSES AND DOCUMENTARY
EVIDENCE, TO CONFRONT AND CROSS-EXAMINE ADVERSE WITNESSES