Federal Parole: Revocation Hearings

YOUR RIGHTS DURING A FEDERAL PAROLE REVOCATION HEARING

The purpose is to determine whether you have violated the conditions of your release and, if so, whether your parole or mandatory release should be (1) revoked (taken away) or (2) reinstated (where you continue on parole as you were).[1182]

Know Your Rights!

Present Evidence: You may present evidence at the hearing. However, the presiding hearing officer or examiner panel may limit or exclude any irrelevant or repetitive statements or evidence.

The hearing officer or examiner must disclose all evidence being used to make the revocation decision before or during the revocation hearing. The Hearing Officer will let you examine the document during the hearing, or where appropriate, read and summarize the document for you.

Present Witnesses: You may present witnesses at the revocation hearing. At a local revocation hearing only, the USPC may upon your request or on its own motion, ask people to attend who can give statements that will help inform the decision of whether or not to revoke your federal parole.[1183]

You have the right to question and cross-examine those witnesses, and be present for this, unless the presiding hearing officer or examiner panel finds good cause for you to not be there.

Ask for an attorney: You have the right to an attorney. You do not have a constitutional right to have an attorney at your parole revocation hearing, but you will most likely qualify for an attorney if you cannot afford one.[1184]

Appeals: You may appeal a revocation decision.[1185]

If you agree to the decision, the Commission may make a revocation decision without a hearing if:

The alleged violation would be graded no higher than Category Two under the guidelines at § 2.20;

The alleged violation is in any category under the guidelines at § 2.20 and the decision imposes the maximum sanction authorized by law; OR

You have already served sufficient time in custody for the violation, but that forfeiture of time on parole is necessary to provide an adequate period of supervision.[1186]

  1. 1182

    28 C.F.R. § 2.55.

  2. 1183

    28 C.F.R. § 2.51.

  3. 1184

    18 U.S.C. § 3006(a)(1)(E).

  4. 1185

    28 C.F.R. § 2.50; see also 28 C.F.R. §§ 2.26; 2.27.

  5. 1186

    28 C.F.R. § 2.66.