Texas Attorney General Opinion: JM-111 Page: 2 of 6
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Mr. Ruben M. Torres - Page 2
as in the nature of a 'preliminary hearing' to
determine whether there is probable cause or
reasonable ground to believe that the arrested
parolee has committed acts that would constitute a
violation of parole conditions.
408 U.S. 471, 485 (1972). The Texas Code of Criminal Procedure does
not explicitly provide for such a hearing. You ask whether rules
adopted by the Board of Pardons and Paroles pursuant to article 42.12
of the Code of Criminal Procedure are sufficient to comport with the
due process requirements of Morrissey.
As amended after the Morrissey case, article 42.12, section 21
(a) A warrant for the return of a paroled
prisoner, a prisoner released to mandatory
supervision, a prisoner released on emergency
reprieve or on furlough, or a person released on a
conditional pardon to the institution from which
he was paroled, released, or pardoned may be
issued by the Board on order by the Governor when
there is reason to believe that he has committed
an offense against the laws of this State or of
the United States, violated a condition of his
parole, mandatory supervision, or conditional
pardon, or when the circumstances indicate that he
poses a danger to society that warrants his
immediate return to incarceration. Such warrant
shall authorize all officers named therein to take
actual custody of the prisoner and return him to
the institution from which he was released.
Pending hearing, as hereinafter provided, upon any
charge of parole violation or violation of the
conditions of mandatory supervision, the prisoner
shall remain incarcerated.
Acts 1977, 65th Leg., ch. 347, at 929.
Subsequently, the Texas Department of Corrections amended its
rules regarding parole revocation by adding subsection (g) which
requires that the "revocation hearing .., be held at or near the
location of the alleged violation or arrest . . ." Board of Pardons
and Paroles, 7 Tex. Reg. 293 (1982) (amending 37 Texas Administrative
Code, section 145.45).
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-111, text, 1983; (texashistory.unt.edu/ark:/67531/metapth272551/m1/2/: accessed December 12, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.