La. Admin. Code tit. 22 § XI-1105

Current through Register Vol. 50, No. 9, September 20, 2024

Section XI-1105 - Preliminary Hearing for Detained Parole Violators-Preliminary Hearing

A. The preliminary hearing is a preliminary due process administrative hearing which is conducted by a hearing officer designated by the Division of Probation and Parole. The hearing officer will have no direct prior knowledge of the parolee and the circumstances surrounding the allegations.

1. The purpose of the preliminary hearing is to determine if there is probable cause that the parolee has violated the conditions of his parole.

2. A finding of probable cause may support the continued detention of the parolee pending a final revocation hearing.

3. The allegations and findings presented in the preliminary hearing documents will be the foundation for revocation or other specified action. The preliminary hearing will be conducted within a reasonable time following detention and in the locale or vicinity close to where the alleged violation occurred so that the offender has access to both favorable and adverse witnesses.

4. Prior to the preliminary hearing, written notification will be furnished to the parolee advising him of:

a. the charges pending against him;

b. his rights at the hearing; and

c. the date, time, and place of the hearing.

5. The parolee may request deferral of the preliminary hearing pending disposition of new felony charges. The parolee may also request the deferral of the preliminary hearing for a period of six months pending disposition of a misdemeanor domestic abuse battery.

6. The parolee may retain an attorney or, if eligible, be represented by appointed counsel.

7. Documentary evidence and oral testimony may be taken from all participants present at the hearing, including witnesses and the parolee's friends and family.

8. At the conclusion of the hearing, the hearing officer will issue a ruling as to probable cause.

La. Admin. Code tit. 22, § XI-1105

Promulgated by the Department of Public Safety and Corrections, Board of Parole, LR 24:2305 (December 1998), amended by the Office of the Governor, Board of Pardons, Committee on Parole, LR 39:2272 (August 2013), Amended LR 451067 (8/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:574.2 et seq., R.S. 15:535 et seq., and R.S. 15:540 et seq.