Compilation of Rules and Regulations of the State of Georgia › Department 475 - RULES OF STATE BOARD OF PARDONS AND PAROLES › Chapter 475-3 - RULES › Rule 475-3-.08 - Parolee Hearings

Current through Rules and Regulations filed through June 27, 2024
(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.