Rule 475-3-.08 - Parolee Hearings(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.(7) The parolee or releasee will be afforded a copy of the order of revocation should the Board determine to revoke the parole or conditional release.(8) In conjunction with or instead of revoking a release, the Board may, for cause, withhold or require forfeiture of Earned Time. (a) The Board may grant Earned Time to parolees and other conditional releases in the same amount that an inmate may receive while in confinement.Ga. Comp. R. & Regs. R. 475-3-.08
Ga. L. 1943, pp. 185, 194; Ga. L. 1955, pp. 351, 352; Ga. L. 1964, pp. 487-489, 497-499; Ga. L. 1965, pp. 478- 480; Ga. L. 1980, pp. 402-403.
Original Rule entitled "Parole Violator Hearings" was filed and effective on January 7, 1970.Amended: Rule repealed and a new Rule entitled "Parolee Hearings" adopted. F. Jan. 8, 1974; eff. Jan. 28, 1974.Amended: F. Oct. 21, 1980; eff. Nov. 10, 1980.Amended: F. Apr. 29, 1985; eff. May 19, 1985.Amended: F. Jun. 21, 1994; eff. July 11, 1994.