Parole Violations And Revocation

A Board warrant may be issued for the arrest of a parolee who has allegedly violated a term of his or her release. A temporary revocation order may be issued if the alleged transgression is absconding from community supervision, or if the parolee is otherwise unavailable to the Board for a hearing. The sentence will run from the date of the order.

Preliminary Hearing for Alleged Violator Determines Probable Cause

A preliminary hearing is held for a parolee arrested on a Board order for allegedly breaching his or her parole terms outside of Court at or near the place where the violation was alleged within a reasonable time before a Board hearing officer who is not directly involved in the case. At the preliminary hearing, a judge or jury determines whether there is probable cause to believe that the parolee has violated a provision of his or her parole and whether he or she should be held in custody pending the Board’s decision on revocation.

If the parolee is not under arrest on a Board warrant, has absconded from supervision, has signed a waiver of preliminary hearing, has acknowledged 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, court of another state, or a federal court.

The parolee is given a copy of the notice of preliminary hearing, allowing him time to prepare his case. The sentence may be appealed at this point by hiring a legal counsel to represent you at the preliminary hearing. A parolee facing revocation may call witnesses and produce evidence on his own behalf, as well as cross-examine unfavorable witnesses unless the hearing officer decides that a witness would be put at risk of bodily harm if his identity were revealed. The parolee is given the option of making statements and answering inquiries, but it is not required.

The hearing officer may issue subpoenas to bring before the commission any witnesses who are residents of the county where the alleged violation occurred. He also has the authority to issue subpoenas for documents or other written evidence at the hearing.

After the preliminary hearing, the hearing officer submits a written report to the Board on his findings and any decision to release the parolee on personal recognizance. Following this, the Board either accepts or rejects the hearing officer’s determinations, including any decisions to release, and determines whether to proceed to a final hearing.

Board Conducts Final Hearings for Alleged Violators

A parolee who is accused of violating a parole condition will have a final hearing with the Board within a reasonable amount of time. The objective of the last meeting is to see whether the parolee has broken his or her probation and whether it justifies revocation of his or her release.

The final hearing is not conducted in front of a judge. Instead, the offender is notified in writing of the hearing date, allowing him or her to prepare for it. The same rights as a preliminary hearing are available at the last hearing for the parolee, as described above.

The Board has the authority to issue subpoenas for written evidence or other written proof at the hearing. The final hearing may be held in any county in Georgia, and all interested persons are invited to attend. Witnesses from throughout the state may be subpoenaed to appear at the last hearing, and documents or other written evidence might be requested by subpoena.

After the final hearing, the Board may continue or terminate parole by a majority vote. After the final hearing, the Board may continue or terminate parole by a majority vote.

If the parolee who has been granted personal recognizance fails to appear at his last hearing, there is no need for a formal hearing. His parole might be revoked summarily by the Board. If the parolee has acknowledged and signed a waiver of final hearing, no further hearings are necessary.

If the parolee is sentenced by a Federal Court or 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, there is no opportunity for further hearings and revocation is required by law.