Where a probable cause hearing is required, the following are elements of due process that are applicable in all circumstances:
The purpose of affording an offender some type of due process hearing before an independent hearing officer is to ensure that state officials are not acting arbitrarily either in the detainment of an individual or in the revocation of an offender’s community supervision. Minimal considerations of due process require that the offender have the opportunity to hear the basis of the alleged violations, the opportunity to appear before an independent person, and a written record of the findings. It should be noted that a written record of the proceedings does not mean a verbatim transcript of the proceedings. It is sufficient for the hearing officer to make a written record of the proceedings that articulates the facts and circumstances that form the basis of the retaking and the hearing officer’s conclusions. Furthermore, the hearing to which an offender may be entitled does not require a full adversarial hearing. As previously noted, the retaking proceeding is not the revocation proceeding. For example, the right to notice and the opportunity to be heard in this context does not carry with it the presumptive right to legal representation and full confrontation of witnesses.
Click terms below to reveal definitions used in this rule.
Probable Cause Hearing – a hearing in compliance with the decisions of the U.S. Supreme Court, conducted on behalf of an offender accused of violating the terms or conditions of the offender‘s parole or probation.
Retaking – means the act of a sending state in physically removing an offender, or causing to have an offender removed, from a receiving state.
