Missouri Code of State Regulations › Title 14 - DEPARTMENT OF CORRECTIONS › Division 80 - State Board of Probation and Parole › Chapter 4 - Rights of Alleged Probation, Parole, or Conditional Release Violator › Section 14 CSR 80-4.020 - Preliminary Hearing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: An alleged supervised released violator is
				  entitled to a preliminary hearing under the provisions of a United States
				  Supreme Court decision,
Morrisey v. Brewer
, 408 U.S. 471, 92 S.Ct.
				  2593, 33 L.Ed.2d 484 (1972).
(1) Every alleged violator has the right to
				an informal hearing to determine if there is probable cause a violation of
				supervised release has occurred.
(2) The alleged violator may indicate his/her
				desire for a hearing, or his/her waiver of a hearing, by so indicating on a
				form entitled, Request for Waiver of Preliminary Hearing, which will be
				furnished to him/her by his/her parole officer.
(3) There are certain conditions to be met in
				the conducting of a preliminary hearing.
(A)
				The preliminary hearing will be held as promptly as is convenient after the
				arrest.
(B) The preliminary hearing
				will be held reasonably near the place of the alleged violation or arrest. The
				officer will notify the alleged violator of the date, time, and location of the
				hearing and will designate the officer who will conduct the hearing. The
				charges brought against him/her will also be furnished to him/her. In no
				instance will the officer conducting the hearing be the alleged violator's
				supervising officer or that officer's immediate supervisor.
(C) The hearing officer will be in charge of
				the hearing and only the alleged violator and the hearing officer will be
				present, unless the hearing officer feels a security officer should be in
				attendance. Only one (1) witness will be allowed in the hearing room at a time.
				The hearing officer will initiate all questioning of witnesses and may
				terminate any questioning if the testimony becomes irrelevant, repetitious, or
				excessive.
1. The alleged violator may present
				his/her own testimony and present any documents or other evidence or mitigating
				circumstances which may explain the violation.
2. The alleged violator may present his/her
				own witnesses who can give relevant information concerning the violator. The
				witnesses cannot just be character witnesses. It will be the responsibility of
				the alleged violator to produce his/her own witnesses, and if s/he is in
				custody, the officials in charge of the detaining facility will allow him/her
				to make contacts as may be necessary. The hearing officer does not have
				subpoena power, and there are no funds available to issue the appearance of any
				witness nor to pay any other expenses incurred by the alleged violator in
				preparation for or resulting from the preliminary hearing.
3. The alleged violator may confront or
				cross-examine any adverse witnesses unless the hearing officer determines that
				the witnesses may be subject to risk of harm if their identity is
				disclosed.
4. The alleged violator
				will not be allowed to have an attorney present, as this is an informal review
				to establish probable cause. The only exception shall be if the hearing officer
				has reason to believe the alleged violator is incapable of understanding the
				proceedings.
5. Upon completion of
				the hearing, the hearing officer will forward a written hearing report to the
				court or the board for further action. The alleged violator will receive a copy
				of the report as soon as it can be prepared and delivered.
6. When the preliminary hearing is being held
				by the sentencing court, that court may combine the preliminary and revocation
				hearings. When this occurs, the hearing shall be governed by the rules of that
				court and the provisions of this administrative rule.
7. When the probationer is not arrested in
				the jurisdiction of the sentencing court, the preliminary hearing may be
				conducted by the judge or associate circuit judge in the county of the alleged
				violation or arrest having original jurisdiction to try criminal offenses. When
				this occurs, the hearing shall be governed by the rules of that court and the
				provisions of this administrative rule.