Texas Register, Volume 14, Number 78, Pages 5585-5650, October 20, 1989 Page: 5,612
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145.41. Allegation of Violation: Review
and Initial Disposition.
(a) (No change.)
(b) The board or board penal shall
review the information and make an initial
determination to:
(1) (No change.)
(2) order the issue of a no-
tice of allegations and a summons to appear
at an administrative release b-aring; [or]
(3) continue the supervision of
the alleged violator pending disposition of
any criminal charges and make final dispo-
sition or continue supervision or order the
issuance of a warrant and/or proceed to a
hearing; or(4)
the matter by
der the samemake final disposition of
continuation of release un-
or modified conditions.145.45. Procedure After Waiver of Revo-
cation Hearing.
(a) Upon receipt and acceptance
of the waiver of the right to an administra-
tive release revocation hearing and support-
ing documentation of evidence of the
alleged rule violations; such as affidavits,
judgment, and sentences of convicions, the
board or board panel shall review the case
and make a final disposition by:
(1)-(3) (No change.)
(b) If final board disposition is to
withdraw the warrant and continue the
releasee under the same or modified con-
ditions, or where the sentence has ex-
pired, release to discharge, the board
shall order the warrant withdrawn and
Impose, either or a combination thereof,
the following sanctions:
(1) verbal reprimand;
(2) letter of reprimand by the
region supervisor or executive director;
(3) case conference with unit
supervisor or region supervisor;
(4) Imposition of special condi-
tion including, but not limited to, partici-
pation In intensive supervision, electronic
monitoring, quarterhouse placement, or
substance abuse caseload.
145.48. [Prehearing] Pre-Revocaton
Hearing Conference; Purposes; Procedure.
(a) The hearing officer assigned to
conduct a revocation [preliminary] hearing
may, on his or her own motion or at the
request of the administrative releasee or his
or her attorney, call a pre-revocation hear-
ing [prehearing] conference within a rea-
sonable time after the notices described in
145.43 of this title (relating to Notice of
Allegations; Counsel; Request for Hearings;
Waivers) and 145.46 of this title (relating
to Procedure After Request for PreliminaryHearing; Time; Schedule; Notice; Location;
Hearing Officer) have been served. Such
pre-revocation hearing [prehearing] con-
ference shall be scheduled so as to allow
sufficient time for any necessary additional
preparation by any party, as agreed on by
the parties and the hearing officer, prior to
the conduct of the revocation [preliminary]
hearing. The scheduled date of the revoca-
tion [preliminary] hearing may be changed
at the time of the pre-revocaton hearing
[prehearing] conference to accommodate
said need
(b) The purposes of the pre-
revocation hearing [prehearing] confer-
ence include, but are not necessarily limited
to, the following:
(1)-(5) (No change.)
(c) The pre-revocatlon hearing
[preheming] conference shall be scheduled
at a time and location convenient to all
parties. The conference should be scheduled
for a date and time sufficient to allow ex-
change of documentary evidence by the
parties prior to the conference.
(d) All requests for subpoenas of
adverse witnesses should be made at the
time of the pre-revocation hearing
[prehearing] conference, if any. Failure to
request such a subpoena at said conference
or within a reasonable time thereafter, with
regard to witnesses, the existence and sub-
stance of testimony of whom is made
known to counsel for the administrative
releasee at the time of the conference, shall
constitute a waiver of the administrative
releasee's right to confrontation and cross
examination of said adverse witness. For
the purposes of this section, a reasonable
time thereafter means no later than five
days after the conference and not within
five days of the schedule date for the hear-
ing, whichever date falls sooner. If a pre-
revocation hearing conference is not held,
subpoenas for adverse witnesses should
be requested 10 days prior to the sched-
ule date for the hearing.
145.49. Rights of the Administrative
Releasee in the Revocation Process. The
administrative releasee shall be entitled to
the following rights in the revocation pro-
cess:i
(1) written notice of the date,
time, and location of the hearings and of the
allegations of violation of the terms and
conditions of administrative release
145.47(0 of this title (relating to Proce-
dure After Request for Revocation Hearing;
Time; Schedule; Notice; Location; Hearing
Officer). Notice of alleged violations shall
be sufficient if it fairly advises the releasee
of the alleged conduct on his or her part
which constitutes a violation of one or more
of the terms and/or conditions of release.
Failure to object to the form of written
notice on the ground that it fails to so
advise the releasee of his or her conduct,
which forms the basis of the allegations,either at the pre-revocation hearing
[prehearing] conference or, if there is no
pre-revocatlon hearing preheatingg] con-
ference, at the preliminary and/or revoca-
tion hearing, shall be deemed a waiver of
any such objection;
(2)-(5) (No change.)
(6) a preliminary and/or revoca-
tion hearing before a neutral and detached
staff hearing officer, as provided in
(145.46(i) and 145.47(i) of this title (relat-
ing to Procedure After Request for Prelimi-
nary Hearing; Time; Schedule; Notice;
Location; Hearing Officer) and 145.47(i)
of this title (relating to Procedure After
Request for Revocation Hearing; Time;
Schedule; Notice; Location; Hearing Offi-
cer), unless the releasee has received a
new felony conviction with time assessed
In an Institution. If the releasee has re-
ceived a new felony conviction with time
assessed in the institution, a revocation
hearing will be conducted to obtain miti-
gating and extenuating evidence.
14550. Administrative Release [Revoca-
tion] Preliminary Hearing.
(a)-(c) (No change.)
[(d) The hearing officer's findings
may be either be:
[(1) there is probable cause to
detain the releasee for a revocation hearing;
or
[(2) there is no probable cause
to detain the release for a revocation hear-
ing.]
(d) Recommendations to the
board and board disposition may be ei-
ther to:
(1) withdraw warrant, If any,
and continue releasee's administrative
release under the same or modified terms
and/or condition, or where the sentence
has expired, release to discharge;
(2) maintain warrant in effect
or issue warrant with time served in a
secured facility; or
(3) maintain warrant In effect
or issue warrant and proceed to a revo-
cation hearing.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and
found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on October 11, 1989.TRD-8909743
William H. Brooks
Executive Director
Board of Pardons and
ParolesEarliest possible date of adoption: November
20, 1989
For further information, please call: (512)
459-2708.1 Teg51 ctbr2,18 TxsRgse
14 TexReg 5612
October 20, 1989 Texas Register
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Texas. Secretary of State. Texas Register, Volume 14, Number 78, Pages 5585-5650, October 20, 1989, periodical, October 20, 1989; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth216067/m1/27/?rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.