Ill. Admin. Code tit. 20 § 1610.140

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1610.140 - Revocation Procedure

a) Preliminary Hearing. When it is charged that the parolee has violated a condition of his parole agreement, he shall be given a written notice informing him of the conditions of parole which have allegedly been violated and the manner in which they were violated. He shall be informed of the date, time, and place at which he will be called before a hearing officer authorized by the Prisoner Review Board for a preliminary hearing on the alleged violation.

b)

1) At the preliminary hearing, the parolee may appear and speak in his own behalf; he may bring letters, documents, or individuals who can give relevant information to the hearing officer. On request of the parolee, persons who have given adverse information on which parole revocation is to be based shall be made available for questioning in his presence. However, if the hearing officer determines that the informant would be subjected to risk or harm if his identity were disclosed, he need not be subjected to confrontation and cross-examination. The hearing officer shall not be bound by the strict rules of evidence.

2) If the officer finds from the information presented at the preliminary hearing that there is reasonable ground to believe that the alleged violation did occur, and that there is probable cause to hold the parolee for a final decision of the Prisoner Review Board on revocation, the parolee shall be returned to the institution or facility from which he was released on parole or to another facility of the Department of Corrections. The officer shall state in writing the reasons for his determination and indicate the basis for the determination. If the officer finds that there is reasonable ground to believe that the alleged violation did not occur, the parolee will be released to continue serving his parole.

3) The preliminary hearing shall be held within 10 days of the parolee's apprehension unless continued by the hearing officer for up to an additional two weeks to permit the production of witnesses or materials relevant to the hearing.

c) As per Goldberg vs. Kelly, a parolee shall have the right to retain counsel at both the preliminary and revocation hearing.

d) All witnesses called must be sworn under oath.

e) All parolees have a right to a transcript or proceedings. A court reporter may be provided at the parolee's expense.

f) Subpoenas. The Prisoner Review Board or parolee who has allegedly violated his parole may request by subpoena the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under investigation or hearing. The Chairman of the Prisoner Review Board may sign subpoenas when, in his judgment, the relevance of testimony of the witness is substantial. Subpoenas shall be served by any agent or public official authorized by the Chairman of the Illinois Prisoner Review Board, or by any person lawfully authorized to serve a subpoena under the laws of the State of Illinois. The attendance of witnesses, and the production of documentary evidence, may be required from any place in the state to a hearing location within 150 miles of the place where the violation is alleged to have occurred, and before the Chairman of the Illinois Prisoner Review Board or his designated agent or agents or any duly constituted committee or subcommittee of the Board. Witnesses so summoned shall be paid the same fees and mileage that are paid witnesses in the circuit courts of the state, and witnesses whose depositions are taken and the persons taking those depositions are each entitled to the same fees as are paid for like services in actions in the circuit courts of the state. Fees and mileage shall be vouchered for payment when the witness is discharged from further attendance. In cases of disobedience to a subpoena, the Board may petition any circuit court of the state for an order requiring the attendance and testimony of witnesses or the production of documentary evidence or both. A copy of such petition shall be served by personal service or by registered or certified mail upon the person who has failed to obey the subpoena, and such person shall be advised in writing that a hearing upon the petition will be requested in a court room to be designated in such notice before the judge hearing motions or extraordinary remedies at a specified time, on a specified date, not less than 10 nor more than 15 days after the deposit of the copy of the written notice and petition in the U.S. mails addressed to the person at his last known address or after the personal service of the copy of the notice and petition upon such person. The court upon the filing of such a petition, may order the person refusing to obey the subpoena to appear at an investigation or hearing, or to there produce documentary evidence, if so ordered, or to give evidence relative to the subject matter of the investigation or hearing. Any failure to obey such order of the circuit court may be punished by that court as a contempt of court.

Ill. Admin. Code tit. 20, § 1610.140