28 C.F.R. § 2.102

Place of revocation hearing

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) If the parolee requests a local revocation hearing, he shall be given a revocation hearing reasonably near the place of the alleged violation(s) or arrest, with the opportunity to contest the charges against him, if the following conditions are met:

(1) The parolee has not been convicted of a crime committed while under supervision; and

(2) The parolee denies all charges against him.

(b) The parolee shall also be given a local revocation hearing if he admits (or has been convicted of) one or more charged violations, but denies at least one unadjudicated charge that may be determinative of the Commission's decision regarding revocation and/or reparole, and requests the presence of one or more adverse witnesses regarding that contested charge. If the appearance of such witness at the hearing is precluded by the Commission for good cause, a local revocation hearing shall not be ordered.

(c) If there are two or more contested charges, a local revocation hearing may be conducted near the place of the violation chiefly relied upon by the Commission as a basis for the issuance of the warrant or summons.

(d)(1) A parolee shall be given an institutional revocation hearing upon the parolee's return or recommitment to an institution if the parolee:

(i) Voluntarily waives the right to a local revocation hearing; or

(ii) Admits (or has been convicted of) one or more charged violations without contesting any unadjudicated charge that may be determinative of the Commission's decision regarding revocation and/or reparole.

(2) An institutional revocation hearing may also be conducted in the District of Columbia jail or prison facility in which the parolee is being held. On his own motion, a Commissioner may designate any case described in paragraph (d)(1) of this section for a local revocation hearing. The difference in procedures between a “local revocation hearing” and an “institutional revocation hearing” is set forth in § 2.103(b).

(e) A parolee retaken on a warrant issued by the Commission shall be retained in custody until final action relative to revocation of his parole, unless otherwise ordered by the Commission under § 2.101(e)(3). A parolee who has been given a revocation hearing pursuant to the issuance of a summons shall remain on supervision pending the decision of the Commission, unless the Commission has provided otherwise.

(f) A local revocation hearing shall be held not later than sixty-five days from the retaking of the parolee on the parole violation warrant. An institutional revocation hearing shall be held within ninety days of the retaking of the parolee on the parole violation warrant. If the parolee requests and receives any postponement, or consents to any postponement, or by his actions otherwise precludes the prompt completion of revocation proceedings in his case, the above-stated time limits shall be correspondingly extended.

[65 FR 45888, July 26, 2000, as amended at 67 FR 2570, Jan. 18, 2002; 68 FR 41531, July 14, 2003]

Notes of Decisions

Cited in 9 cases, 2001–2013 · leading case: Long v. Gaines, 167 F. Supp. 2d 75 (D.D.C. 2001).

Sort: Relevance Newest Treatment

Long v. Gaines, 167 F. Supp. 2d 75 (D.D.C. 2001). · cites it 3× “• 28 C.F.R. § 2.102 (f): A local revocation hearing shall be scheduled to be held within sixty days of the probable cause determination.”

Mowatt v. United States Parole Comm'n, 815 F. Supp. 2d 199 (D.D.C. 2011). “at 5; see 28 C.F.R. § 2.102 (f) (“An institutional revocation hearing shall be held within ninety days of the retaking of the parolee on the parole violation warrant.”

Ramsey v. Reilly, 613 F. Supp. 2d 6 (D.D.C. 2009). “Petitioner received a parole revocation hearing on April 21, 2003. See Opp. at 4, Ex. O. Thus, the revocation hearing occurred within ninety days of the Parole Commission retaking petitioner into custody.”

Sparks v. Gaines, 144 F. Supp. 2d 9 (D.D.C. 2001). “about each charge); 28 C.F.R. § 2.102 (b) (requiring that "parolee shall also be given a local revocation hearing if he admits (or has been convicted of) one or more charged violations, but denies at least one *14 unadjudicated charge that may be determinative of the…”

Quick v. U.S. Parole Comm'n, 646 F. Supp. 2d 39 (D.D.C. 2009). · cites it 3× “101 (a) and a revocation hearing under 28 C.F.R. § 2.102 (f). Because the Commission was not obligated to provide the petitioner with a probable cause or revocation hearing until after the execution of its warrant against the petitioner for a parole violation, the court…”

Easton-El v. U.S. Parole Comm'n, 519 F. Supp. 2d 86 (D.D.C. 2007). “Assuming, without deciding, that the Commission’s delay was unreasonable, the petitioner has not shown how the delay prejudiced him.”

Jackson v. Cross (D.D.C. 2013). “" 28 C.F.R. § 2.102 (£). However, "[i]fthe parolee requests and receives any postponement, or consents to any postponement, or by his actions otherwise precludes the prompt completion of revocation proceedings in his case, the [65-day period] shall be correspondingly extended.”

Mowatt v. United States Parole Comm'n (D.D.C. 2011). “at 5; see 28 C.F.R. § 2.102 (f) (“An institutional revocation hearing shall be held within ninety days of the retaking of the parolee on the parole violation warrant.”

Quick v. U.S. Parole Comm'n (D.D.C. 2009). “101 (a) and a revocation hearing under 28 C.F.R. § 2.102 (f). Because the Commission was not obligated to provide the petitioner with a probable cause or revocation hearing until after the execution of its warrant against the petitioner for a parole violation, the court…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.