§ 13-8-18.1 - Preliminary parole violation hearing.
SECTION 13-8-18.1
§ 13-8-18.1 Preliminary parole violationhearing. – (a) As soon as is practicable after a detention for an alleged violation ofparole, the parole board shall afford the alleged parole violator a preliminaryparole revocation hearing before a hearing officer designated by the board.Such hearing officer shall not have had any prior supervisory involvement overthe alleged violator.
(b) The alleged violator shall, within five (5) days of thedetention, in Rhode Island be given written notice of the time, place andpurpose of the preliminary hearing. The notice shall state the specificconditions of parole that are alleged to have been violated and in what manner.The notice shall also inform the alleged violator of the following rights inconnection with the preliminary hearing:
(1) The right to appear and speak in his/her own behalf;
(2) The right to call witnesses and present evidence;
(3) The right to confront and cross-examine the witnessesagainst him/her, unless the hearing officer finds on the record that a witnessmay be subjected to risk of harm if his or her identity is revealed; and
(4) The right to retain counsel and, if unable to affordcounsel, the right under certain circumstances to the appointment of counselfor the preliminary hearing.
The determination of whether or not the alleged violator isentitled to appointed counsel, if such a request is made, shall be made on therecord and in accordance with all relevant statutory and constitutionalprovisions.
(c) The notice form must explain in clear and unambiguouslanguage the procedures established by the parole board concerning an allegedviolator's exercise of the rights denominated in subsection (b), including themechanism for compelling the attendance of witnesses, the mechanism forobtaining documentary evidence, and the mechanism for requesting theappointment of counsel.
(d) The preliminary hearing shall take place no later thanten (10) days after service of notice set forth in subsection (b). Apreliminary hearing may be postponed beyond the ten (10) day time limit forgood cause at the request of either party, but may not be postponed at therequest of the state for more than five (5) additional days. The parolerevocation charges shall be dismissed with prejudice if a preliminary hearingis not conducted within the time period established by this paragraph, notincluding any delay directly attributed to a postponement requested by thealleged violator.
(e) If the alleged violator has requested the appointment ofcounsel at least five (5) days prior to the preliminary hearing, thepreliminary hearing may not proceed without counsel present unless the hearingofficer finds on the record, in accordance with all relevant statutory andconstitutional provisions, that the alleged violator is not entitled toappointed counsel. If the alleged violator is found to have been entitled tocounsel and no such counsel has been appointed, the parole violation chargesmust be dismissed with prejudice. If the request for counsel was made four (4)or fewer days in advance of the preliminary hearing, the time limit withinwhich the preliminary hearing must be held may be extended up to five (5)additional days.
(f) The standard of proof at the preliminary hearing shall beprobable cause to believe that the alleged violator has violated one or moreconditions of his or her parole and that the violation or violations were notde minimus in nature. Proof of conviction of a crime committed subsequent torelease on parole shall constitute probable cause for the purposes of thepreliminary hearing.
(g) At the preliminary hearing, the hearing officer shallreview the violation charges with the alleged violator, direct the presentationof the evidence concerning the alleged violation, receive the statements of thewitnesses and documentary evidence, and allow cross-examination of thosewitnesses in attendance. All proceedings shall be recorded and preserved.
(h) At the conclusion of the preliminary hearing, the hearingofficer shall inform the alleged violator of his or her decision as to whetherthere is probable cause to believe that the alleged violator has violated oneor more conditions of his or her parole and, if so, whether the violation orviolations were de minimus in nature. Those determinations shall be basedsolely on the evidence adduced at the preliminary hearing. The hearing officershall state in writing the reasons for his or her determinations and theevidence relied upon for those determinations. A copy of the written findingsshall be sent to the alleged violator, and his or her counsel if applicable,within fourteen (14) days of the preliminary hearing.
(i) If the hearing officer finds that there is no probablecause to believe that the alleged violator has violated one or more conditionsof his or her parole or that the violation or violations, if any, were deminimus in nature, the parole chairperson shall rescind the detention warrantand direct that the alleged violator, unless in custody for other reasons, bereleased and restored to parole supervision.
(j) If the hearing officer finds that there is probable causeto believe that the alleged violator has violated one or more conditions of hisor her parole and that the violation or violations were not de minimus innature, the alleged violator shall be held for a final parole revocationhearing. A final parole revocation hearing must be held as soon as ispracticable, but in no event more than ninety (90) days after the conclusion ofthe preliminary hearing.
(k) An alleged violator may waive his or her right to apreliminary hearing. Such a waiver must be in written form. In the event ofsuch a written waiver, a final parole revocation hearing must be held as soonas is practicable, but in no event more than ninety (90) days after the rightto a preliminary hearing is waived. Notwithstanding the above, a final parolerevocation hearing may be continued by the alleged violator beyond the ninety(90) day time period.