The Board Issues Warrants for Arrests of Parolees
When a parolee has reportedly violated a condition of his release, a Board warrant may be issued for his arrest. If the alleged violation is absconding from community supervision, or if the parolee is otherwise not available to the Board for a hearing, a temporary revocation order may be issued. This order suspends the running of the sentence from the date of the order.
Preliminary Hearing for Alleged Violator Determines Probable Cause
A parolee arrested on a Board warrant for allegedly violating a parole condition is afforded a preliminary hearing within a reasonable time at or near the place of the alleged violation before a Board hearing officer not directly involved in the case. The purpose of the preliminary hearing is to determine whether there is probable cause to believe the parolee violated a parole condition and whether he should be held under arrest pending the Board's decision on revocation.
A preliminary hearing is not required if the parolee is not under arrest on a Board warrant, has absconded from supervision, has signed a waiver of preliminary hearing, has admitted any alleged violation to any Board representative in the presence of a third party who is not a Board employee, or has been convicted of any new crime in a Georgia court, a court of another state, or a Federal court.
The parolee is given written notice of the preliminary hearing, allowing reasonable time to prepare his case. The parolee may retain counsel to represent him at the preliminary hearing. The parolee may present witnesses and documentary evidence in his own behalf, and he may cross-examine adverse witnesses unless the hearing officer determines that a witness would be subjected to risk of harm if his identity were disclosed. The parolee is invited to make statements and answer questions but is not required to do so.
The hearing officer may issue subpoenas to compel the attendance of witnesses who are residents of the county of the alleged violation. He may also issue subpoenas for the production of documents or other written evidence at the hearing.
After the preliminary hearing, the hearing officer submits to the Board a written report on the testimony, on his findings, and on any decision to release the parolee on his personal recognizance. The Board then ratifies or overrules the hearing officer's findings, including any decision to release, and decides whether to hold a final hearing.
Board Conducts Final Hearings for Alleged Violators
A parolee charged with violating a parole condition is afforded a final hearing within a reasonable time before the Board. The purpose of the final hearing is to determine whether the parolee has violated a parole condition and whether the violation warrants parole revocation.
The parolee is given written notice of the final hearing, allowing reasonable time to prepare his case. At the final hearing, the parolee has the same rights a parolee has at a preliminary hearing as specified above.
The Board may subpoena witnesses from throughout Georgia to appear at the final hearing and may issue subpoenas for the production of documents or other written evidence at the hearing.
After the final hearing the Board decides by majority vote whether to continue or revoke parole.
No Final Hearing Needed for Some Violators
A final hearing is not required if the parolee, free on his personal recognizance, fails to appear at his final hearing. The Board may summarily revoke his parole.
A final hearing is not required if the parolee has admitted the violation and signed a waiver of final hearing.
A final hearing is not permitted and revocation is mandatory by law if the parolee is sentenced by a Federal Court or a Georgia State or Superior Court to a term of imprisonment, including one reduced to time served, for any felony crime, or for a state misdemeanor involving physical injury to another, which the parolee committed during his parole term.