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16 CAR § 22-302. Revocation hearing
16 CAR § 22-302. Revocation hearing.
(a) Revocation hearing requirement.
(1) Revocation of an offender’s post-release supervision requires a hearing unless waived by the offender as set forth in 16 CAR § 22-305.
(2) See Arkansas Code §§ 16-93-705(b)(1), 16-93-705(c)(1)(A), 16-93-1908(b)(1), and 16-93-1908(c)(1)(A).
(b) Revocation hearing schedule.
(1) A revocation hearing shall be scheduled by the revocation hearing judge or the Post-Prison Transfer Board’s designee within seven (7) days after the offender’s arrest and conducted within fourteen (14) days after the offender's arrest, excluding weekends, holidays, or delays caused by acts of nature.
(2) See Arkansas Code §§ 16-93-705(b) and 16-93-1908(b)(2).
(c) Preliminary hearing not required. A preliminary hearing is not required when the revocation hearing is conducted within fourteen (14) days after the offender’s arrest.
(d) Notice.
(1) Upon scheduling the revocation hearing, the offender shall, as referenced in Arkansas Code §§ 16-93-705(b) and 16-93-1908(b), be served with the following documents, including without limitation:
(A) Violation report;
(B) Notice of Parole Violation Action; and
(C) Waiver option.
(2) The offender shall be provided notice within seventy-two (72) hours of the:
(A) Revocation hearing date;
(B) Time;
(C) Location;
(D) Purpose; and
(E) Alleged violations of the conditions of post-release supervision.
(e) Revocation hearing location.
(1) The revocation hearing shall be conducted reasonably near the place of the alleged violation or arrest.
(2) See Arkansas Code §§ 16-93-705(b) and 16-93-1908(b).
(f) Revocation hearing attendees. The revocation hearing may include the participation or testimony of the:
(1) Offender;
(2) Attorneys;
(3) Arresting officers;
(4) Community supervision officers;
(5) Witnesses;
(6) Revocation hearing judge; and
(7) Any other relevant parties.
(g) Revocation hearing due process.
(1) The offender shall be informed of his or her right not to testify at the revocation hearing.
(2)(A) The offender shall have the right to:
(i) Hear and controvert evidence;
(ii) Offer defense; and
(iii) Be represented by counsel.
(B) However, the offender shall not have the right to have counsel appointed by the state.
(3)(A) The offender shall have the right to call and question his or her own witnesses.
(B) It is the responsibility of the offender to notify any witnesses that he or she intends to have testify at the revocation hearing.
(4)(A) The offender shall have the right to confront and cross-examine witnesses unless the revocation hearing judge, the board, or the designee of the board specifically finds good cause for not allowing confrontation and cross-examination.
(B) See Arkansas Code § 16-93-1908(d)(1).
(5) The offender may introduce relevant evidence to refute the allegations against the offender as set forth in the violation report and Notice of Parole Violation Action, including letters, affidavits, and other documentary evidence, regardless of admissibility of the evidence under the rules governing the admission of evidence.
(6)(A) The offender shall be informed of his or her right to appeal a revocation decision.
(B) Notice of the right to file an appeal shall be included in the copy of the revocation decision.
(h) Revocation hearing evidence.
(1) The revocation hearing judge shall:
(A) Conduct a fair and impartial hearing; and
(B) Consider testimony and evidence offered by:
(i) The community supervision officer;
(ii) The arresting and attending officers;
(iii) Witnesses;
(iv) The offender; and
(v) Any other relevant parties.
(2) During the revocation hearing, the revocation hearing judge may confer with the community supervision officer to determine the best course of action for the offender based on the:
(A) Nature of the violation or violations;
(B) Supervision history; and
(C) Available resources.