Revocation Hearing Required: Standards for Revocation of Parole

(a)If a parolee has been ordered held in accordance with the terms of his original commitment pursuant to § 80.82, the board shall hold a hearing within sixty days of such order to determine whether his parole should be revoked.

(1)The parolee shall have reasonable and written notice of the violation charged.

(2)The institutional parole staff shall render reasonable aid to the parolee in preparation for the hearing and he shall be permitted to advise with his own legal counsel.

(3)At the hearing the parolee may admit, deny, or explain the violation charged, and may present evidence, including affidavits, in support of his conventions.

(b)The board may by majority vote of its members order revocation of parole if it is satisfied that:

(1)the parolee has failed, without a satisfactory excuse, to comply with a requirement imposed as a condition of his parole; and CH. 80 DISPOSITION OF OFFENDERS

(2)the violation of condition involves:

(A)the commission of another crime;

(B)behavior indicating a substantial risk that the parolee will commit another crime; or

(C)behavior indicating that the parolee is unwilling or unable to comply with the conditions of parole.

(c)The failure by the board to hold a hearing within sixty days, as required by Subsection (a), shall not be a ground for release of the offender, but his right to such a hearing may be enforced by a judge of the superior court by court order after a hearing.