Return of violator
of parole or earned release supervision; arrest of offender; hearing;
revocation of parole; imprisonment for technical violation to be served
in technical violation center
Return of violator
of parole or earned release supervision; arrest of offender; hearing;
revocation of parole; imprisonment for technical violation to be served
in technical violation center
Checkout our iOS App for a better way to browser and research.
The board may,at any time and upon a showing of probable violation of parole, issuea warrant for the return of any paroled offender to the custody ofthe department. The warrant shall authorize all persons named thereinto return the paroled offender to actual custody of the departmentfrom which he was paroled.
Any field supervisormay arrest an offender without a warrant or may deputize any otherperson with power of arrest by giving him a written statement settingforth that the offender has, in the judgment of that field supervisor,violated the conditions of his parole or earned-release supervision.The written statement delivered with the offender by the arrestingofficer to the official in charge of the department facility fromwhich the offender was released or other place of detention designatedby the department shall be sufficient warrant for the detention ofthe offender.
The field supervisor,after making an arrest, shall present to the detaining authoritiesa similar statement of the circumstances of violation. The field supervisorshall at once notify the board or department of the arrest and detentionof the offender and shall submit a written report showing in whatmanner the offender has violated the conditions of parole or earned-releasesupervision. An offender for whose return a warrant has been issuedby the board shall, after the issuance of the warrant, be deemed afugitive from justice.
Whenever an offenderis arrested on a warrant for an alleged violation of parole as hereinprovided, the board shall hold an informal preliminary hearing withinseventy-two (72) hours to determine whether there is reasonable causeto believe the person has violated a condition of parole. A preliminaryhearing shall not be required when the offender is not under arreston a warrant or the offender signed a waiver of a preliminary hearing.The preliminary hearing may be conducted electronically.
The right ofthe State of Mississippi to extradite persons and return fugitivesfrom justice, from other states to this state, shall not be impairedby this chapter and shall remain in full force and effect. An offenderconvicted of a felony committed while on parole, whether in the Stateof Mississippi or another state, shall immediately have his parolerevoked upon presentment of a certified copy of the commitment orderto the board. If an offender is on parole and the offender is convictedof a felony for a crime committed prior to the offender being placedon parole, whether in the State of Mississippi or another state, theoffender may have his parole revoked upon presentment of a certifiedcopy of the commitment order to the board.
The board shallhold a hearing for any parolee who is detained as a result of a warrantor a violation report within twenty-one (21) days of the parolee'sadmission to detention. The board may, in its discretion, terminatethe parole or modify the terms and conditions thereof. If the boardrevokes parole for one or more technical violations theboard shall impose a period of imprisonment to be served in a technicalviolation center operated by the department not to exceed ninety (90)days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the board may impose a periodof imprisonment to be served in a technical violation center for upto one hundred and eighty (180) days or the board may impose the remainderof the suspended portion of the sentence. For the fourth and any subsequent revocation, the board may impose upto the remainder of the suspended portion of the sentence. The periodof imprisonment in a technical violation center imposed under thissection shall not be reduced in any manner.
If the boarddoes not hold a hearing or does not take action on the violation withinthe twenty-one-day time frame in paragraph (a) of this subsection,the parolee shall be released from detention and shall return to parolestatus. The board may subsequently hold a hearing and may revoke paroleor may continue parole and modify the terms and conditions of parole.If the board revokes parole for one ormore technical violations the board shall impose a period of imprisonment tobe served in a technical violation center operated by the departmentnot to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120)days for the second revocation. For the third revocation, the board may impose a period of imprisonment to be served in atechnical violation center for up to one hundred eighty (180) daysor the board may impose the remainder of the suspended portion ofthe sentence. For the fourth and any subsequent revocation, the board may impose upto the remainder of the suspended portion of the sentence. The periodof imprisonment in a technical violation center imposed under thissection shall not be reduced in any manner.
For a paroleecharged with one or more technical violations whohas not been detained awaiting the revocation hearing, the board mayhold a hearing within a reasonable time. The board may revoke paroleor may continue parole and modify the terms and conditions of parole.If the board revokes parole for one ormore technical violations the board shall impose a period of imprisonment tobe served in a technical violation center operated by the departmentnot to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120)days for the second revocation. For the third revocation, the board may impose a period of imprisonment to be served in atechnical violation center for up to one hundred eighty (180) daysor the board may impose the remainder of the suspended portion ofthe sentence. For the fourth and any subsequent revocation, the board may impose upto the remainder of the suspended portion of the sentence. The periodof imprisonment in a technical violation center imposed under thissection shall not be reduced in any manner.
Unless good causefor the delay is established in the record of the proceeding, theparole revocation charge shall be dismissed if the revocation hearingis not held within the thirty (30) days of the issuance of the warrant.
The chairmanand each member of the board and the designated parole revocationhearing officer may, in the discharge of their duties, administeroaths, summon and examine witnesses, and take other steps as may benecessary to ascertain the truth of any matter about which they havethe right to inquire.
The board shallprovide semiannually to the Oversight Task Force the number of warrantsissued for an alleged violation of parole, the average time betweendetention on a warrant and preliminary hearing, the average time betweendetention on a warrant and revocation hearing, the number of ninety-daysentences in a technical violation center issued by the board, thenumber of one-hundred-twenty-day sentences in a technical violationcenter issued by the board, the number of one-hundred-eighty-day sentencesissued by the board, and the number and average length of the suspendedsentences imposed by the board in response to a violation.