Kan. Admin. Regs. § 44-9-105 - Preliminary hearing for alleged violators
Alleged parole violators, conditional release violators, postrelease supervision violators, and house arrest condition violators shall be afforded a hearing to determine if there has been any violation of any conditions of supervision, unless the releasee knowingly and voluntarily waives the hearing. The requirements for the hearing shall be as follows:
(a) The releasee shall be informed of the
charges in writing with sufficient particularity and sufficient time in advance
of the hearing to prepare a defense. The hearing shall be held within three to
14 days after service of the notice of charges, subject to authorized
continuances. If evidence of any new violation of conditions of supervision is
discovered after service of the original notice of charges upon the offender
but before the hearing and a determination is then made that the releasee
should be so charged, notice of any additional charge of violation shall be
given to the releasee in the same manner as that for the original statement of
charges. The hearing shall be continued for an appropriate interval if the
releasee receives notice of any additional charge of violation less than three
days before the original hearing date, unless the releasee waives advance
service of the notice of amended charges.
(b) The purpose of the hearing shall be to
determine whether probable cause exists to believe that a condition of
supervision has been violated. The hearing shall be held before a party not
involved in the case. Pending the hearing, the releasee shall remain
incarcerated.
(c) If evidence of
any new violation of conditions of supervision not yet charged is produced or
placed on the record during the hearing, other than a new violation based
solely upon a voluntary admission by the offender during the hearing, and it is
determined by the hearing officer that the new charge should be added to the
statement of charges for consideration, then a recess shall be declared by the
hearing officer and a statement of any additional charge of violation of
conditions of supervision shall be served upon the releasee in the same manner
as that for the original statement of charges. The recess shall be for an
appropriate interval of at least three days to permit the releasee to prepare a
defense to any such additional charge, unless the releasee waives the three-day
period and agrees to proceed with a hearing of the additional charge or charges
within a shorter time period. Pending resumption of the hearing, the releasee
shall remain incarcerated.
(d) The
hearing shall be held at or reasonably near to the site of the arrest or
commission of the alleged violation. The hearing may be held at a correctional
facility.
(e) The releasee shall be
entitled to call witnesses to appear on the releasee's behalf at the hearing.
(1) The hearing officer may restrict the
witnesses to those who can testify to the facts relevant to the occurrence of
the alleged violation. Character reference witnesses may be excluded.
(2) Witnesses may testify by telephone if the
releasee is able to hear the testimony of the witness contemporaneously with
the hearing officer.
(f)
The releasee shall have the right to be made aware of adverse evidence. The
releasee shall be allowed to cross-examine adverse witnesses unless the hearing
officer decides that the witness could be physically harmed if the witness's
identity is revealed.
(g) The
hearing officer shall issue a written decision indicating whether or not there
is probable cause to hold the releasee on each charge of violation of a
condition of release and also indicating the evidence relied upon for each
finding of probable cause. If a finding of probable cause is made on the basis
of a voluntary admission by the releasee of any new violation during the
hearing, then the hearing officer shall cause an amended statement of charges
of condition violations reflecting the new condition violation or violations to
be added to the record. The hearing officer shall then refer the case record to
the board for a final revocation hearing, but a charge of violation of a
condition of supervision shall not be referred to the board unless a finding of
probable cause for that violation is included in the case record. The releasee
shall be given a written statement of the basis for the decision and, if
applicable, an amended statement of charges of condition violations.
(h) If the releasee had not previously been
returned to a correctional facility, upon finding of probable cause, the
releasee shall be returned to a correctional facility designated by the
secretary of corrections pending a final revocation hearing by the
board.
Notes
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No prior version found.