Connecticut Administrative Code › Title 54 - Criminal Procedure › 124a(j)(1) - Revocation and Rescission of Parole › Section 54-124a(j)(1)-9 - Revocation hearing

Current through July 10, 2024
(a) Parole
			 revocation matters not resolved earlier shall proceed to a revocation hearing
			 not later than sixty business days from remand unless continued for good
			 cause.
(b) The purpose of the
			 revocation hearing is to determine contested relevant facts regarding
			 allegations of violation of parole; to determine whether the facts as found
			 warrant revocation of parole; and, if so, to determine an appropriate
			 disposition.
(c) The revocation
			 hearing shall be conducted by a Hearing Examiner and shall be electronically
			 recorded.
(d) The rules of evidence
			 shall not apply in a revocation hearing. The Hearing Examiner may exclude, but
			 is not required to exclude, evidence that is irrelevant, immaterial, unduly
			 repetitious, or excludable on constitutional or statutory grounds or based on
			 evidentiary privilege. The Hearing Examiner may admit hearsay and evidence
			 seized by police, and other evidence which may not be admissible in a criminal
			 proceeding under the rules of evidence, provided there is sufficient indicia of
			 reliability.
(e) An employee of the
			 Board may present evidence and advocacy in support of the allegation that the
			 offender violated conditions of parole. Alternatively, the hearing may proceed
			 without a presenter. The absence of a presenter shall not preclude the Hearing
			 Examiner from considering any evidence regarding revocation.
(f) Unless revocation is based on a new
			 criminal conviction, the Hearing Examiner may require the presence of any
			 relevant witness and shall, upon timely request of the offender, make available
			 for questioning in the presence of the offender any person who has given
			 information upon which revocation may be based unless the witness is excused
			 for cause. The Chairperson shall issue and cause to be served any subpoena
			 necessary to ensure the timely presence of any witness.
(g) The offender shall have the opportunity
			 to be heard and present evidence and advocacy in defense against the
			 allegation, showing there was no violation of the conditions of parole or, if
			 so, that circumstances in mitigation show that the violation does not warrant
			 revocation. The offender may appear and testify and may present written
			 materials and witnesses who can give relevant and material information to the
			 Hearing Examiner regarding the allegations of violation of parole and
			 mitigation.
(h) At the conclusion
			 of evidence regarding the alleged violation, the Hearing Examiner shall make
			 findings regarding violation of parole. If the Hearing Examiner finds no
			 violation, the hearing shall conclude and the offender's parole reinstated. If
			 the Hearing Examiner concludes that the offender violated a condition of parole
			 and that the violation may merit revocation, the Hearing Examiner shall hear
			 from both the attending parole officer and the offender regarding the
			 offender's background and history for the purpose of considering the
			 appropriate disposition.
(i) At the
			 conclusion of evidence and advocacy regarding the offender's background and
			 history, the Hearing Examiner shall determine whether to reinstate, with or
			 without modification of the conditions of parole, or whether to recommend
			 revocation. If revocation is recommended, the Hearing Examiner shall also
			 recommend the period of confinement to be imposed.
(j) If reinstatement with modification of the
			 conditions of parole is being considered, the Hearing Examiner shall afford the
			 offender the opportunity to be heard with respect to the modification of the
			 conditions of parole.
(k) At the
			 conclusion of the hearing the Hearing Examiner may:
(1) Find that the offender has violated the
			 conditions of parole but recommend to the Chairperson or designee that the
			 offender's parole be reinstated and may recommend to the Chairperson or
			 designee modifications of the conditions of parole. If the offender disagrees
			 with the modification of the conditions of parole, the offender may petition
			 the Board by letter to reconsider the modified conditions of parole, but the
			 modified conditions of parole shall remain in effect until removed by the
			 Board;
(2) Find that the offender
			 has violated the conditions of parole and recommend:
(A) Reincarceration for the remainder of the
			 sentence imposed by the court, a reparole date, or a new parole eligibility
			 date.
(B) Forfeiture of any good
			 conduct credit which may have been earned pursuant to Section
			 18-7
			 and
			 18-7a
			 of the Connecticut General Statutes.