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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 5TEXAS BOARD OF PARDONS AND PAROLES
CHAPTER 146REVOCATION OF PAROLE OR MANDATORY SUPERVISION
RULE §146.6Scheduling of Preliminary Hearing

(a) Upon request, the board or the board's scheduling staff shall schedule a preliminary hearing unless:

  (1) more than fourteen calendar days have elapsed from the time that the warrant is executed; or

  (2) information has not been presented to the board or the board's scheduling staff that the releasee was served with the following:

    (A) notice of the right to a preliminary hearing and that its purpose is to determine whether there is probable cause or reasonable belief to believe the releasee has committed a parole violation;

    (B) written notice of the allegations of parole violation against the releasee;

    (C) notice of the right to full disclosure of the evidence;

    (D) notice that releasee has the opportunity to be heard in person and to present witnesses and documentary evidence;

    (E) notice that the releasee has the right to confront and cross-examine adverse witnesses unless the hearing officer specifically finds good cause for not allowing confrontation of the witness;

    (F) notice that the case will be heard by a parole panel or designee of the board;

    (G) notice that the releasee has the opportunity to waive in writing the right to either or both of the preliminary and revocation hearings, with the additional understanding that, if the releasee waives the revocation hearing, the board will in all probability revoke; and

    (H) notice that the releasee has the right to retain an attorney and the conditional right to an appointed attorney.

(b) For the purposes of subsection (a)(1) of this section, a warrant is executed if:

  (1) the releasee is arrested only on a charge that the releasee has committed a violation of a condition of parole or mandatory supervision and is not charged before the 41st day with the commission of an offense; or

  (2) the sheriff having custody of the releasee notifies the division that the releasee has discharged the sentence or that the prosecutor has dismissed the charge under Article 32.02, Texas Code of Criminal Procedure.

(c) If the board or the board's scheduling staff receives a request for a preliminary hearing later than the fourteenth calendar day following the provisions described in subsection (a)(1) of this section, the board or the board's scheduling staff shall require the requestor to provide an explanation of the delay.

(d) Subsection (a)(1) of this section does not apply when a releasee is:

  (1) transferred under §508.284, Government Code, to a correctional facility operated by or under contract with the department; or

  (2) returned to custody from another state, a federal correctional institution, or a medical or psychiatric facility.

(e) In cases under subsection (d) of this section, a preliminary hearing shall be held within a reasonable time.


Source Note: The provisions of this §146.6 adopted to be effective December 29, 1997, 22 TexReg 12541; amended to be effective September 17, 2000, 25 TexReg 9013; amended to be effective February 5, 2004, 29 TexReg 1210; amended to be effective February 18, 2009, 34 TexReg 1097; amended to be effective January 31, 2013, 38 TexReg 388

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