Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 9 - PAROLE, POSTRELEASE SUPERVISION, AND HOUSE ARREST › Section 44-9-105 - Preliminary hearing for alleged violators

Current through Register Vol. 43, No. 28, July 11, 2024
Alleged parole violators, conditional release violators,
				postrelease supervision violators, and house arrest condition violators shall
				be afforded a hearing to determine if there has been any violation of any
				conditions of supervision, unless the releasee knowingly and voluntarily waives
				the hearing. The requirements for the hearing shall be as follows:
(a) The releasee shall be informed of the
			 charges in writing with sufficient particularity and sufficient time in advance
			 of the hearing to prepare a defense. The hearing shall be held within three to
			 14 days after service of the notice of charges, subject to authorized
			 continuances. If evidence of any new violation of conditions of supervision is
			 discovered after service of the original notice of charges upon the offender
			 but before the hearing and a determination is then made that the releasee
			 should be so charged, notice of any additional charge of violation shall be
			 given to the releasee in the same manner as that for the original statement of
			 charges. The hearing shall be continued for an appropriate interval if the
			 releasee receives notice of any additional charge of violation less than three
			 days before the original hearing date, unless the releasee waives advance
			 service of the notice of amended charges.
(b) The purpose of the hearing shall be to
			 determine whether probable cause exists to believe that a condition of
			 supervision has been violated. The hearing shall be held before a party not
			 involved in the case. Pending the hearing, the releasee shall remain
			 incarcerated.
(c) If evidence of
			 any new violation of conditions of supervision not yet charged is produced or
			 placed on the record during the hearing, other than a new violation based
			 solely upon a voluntary admission by the offender during the hearing, and it is
			 determined by the hearing officer that the new charge should be added to the
			 statement of charges for consideration, then a recess shall be declared by the
			 hearing officer and a statement of any additional charge of violation of
			 conditions of supervision shall be served upon the releasee in the same manner
			 as that for the original statement of charges. The recess shall be for an
			 appropriate interval of at least three days to permit the releasee to prepare a
			 defense to any such additional charge, unless the releasee waives the three-day
			 period and agrees to proceed with a hearing of the additional charge or charges
			 within a shorter time period. Pending resumption of the hearing, the releasee
			 shall remain incarcerated.
(d) The
			 hearing shall be held at or reasonably near to the site of the arrest or
			 commission of the alleged violation. The hearing may be held at a correctional
			 facility.
(e) The releasee shall be
			 entitled to call witnesses to appear on the releasee's behalf at the hearing.
(1) The hearing officer may restrict the
			 witnesses to those who can testify to the facts relevant to the occurrence of
			 the alleged violation. Character reference witnesses may be excluded.
(2) Witnesses may testify by telephone if the
			 releasee is able to hear the testimony of the witness contemporaneously with
			 the hearing officer.