Section 1610.90 Rescission of Parole Order

Section 1610

Section 1610.90  Rescission

of Parole Order

a)         Rescission means withdrawal of an unimplemented grant of

parole.

b)         When the Board becomes aware of information which might

justify rescission of a parole, it shall not rescind the parole unless it first

gives the person whose parole may be rescinded a hearing.

c)         The person shall be given advance written notice of the hearing,

a reasonable time (but not less than three days) before it is to take place.

The notice shall state fully why the Board is considering rescission.

d)         If the ground for rescission is an institutional disciplinary

violation and the person has been found guilty of that violation at a hearing

complying with Department of Corrections Administrative Regulation 804, the

Board shall not be required to hear further evidence on the matter or make a

factual determination of guilt or innocence but may accept as conclusive the

findings of the Institutional Adjustment Committee.  If the Board does accept

the Institutional Adjustment Committee's findings, the person shall be

permitted to show why, notwithstanding a finding of guilt, he should be

released on parole.

e)         If the basis for rescission is an institutional disciplinary

violation and the person has not received a hearing on the violation under

Department of Corrections Administrative Regulation 804, the Board shall

continue the matter for not longer than 30 days so that the institution

involved may conduct such a hearing.

f)         The Board shall make its decision and notify the person of

that decision and the reason or reasons for it in writing within a reasonable

time (but not more than seven (7) days in the case of a panel hearing and not

more than thirty (30) days in the case of an en banc hearing).