16 CAR § 22-401. Revocation appeal request
16 CAR § 22-401. Revocation appeal request.
(a) Notification.
(1) The offender shall be provided notice of the right to appeal the revocation decision.
(2) This notification of the right to file an appeal will be included in the copy of the revocation decision.
(b) Filing an appeal.
(1) Appeals must be filed within a specified time frame and the offender must abide by the following procedural requirements as set forth by the Post-Prison Transfer Board.
(2) An offender or his or her attorney may appeal the revocation decision by submitting a written appeal to the board.
(3) The appeal will be considered as having been duly filed once it is received at the current mailing address of the Post-Prison Transfer Board, Revocation Appeal Department.
(4)(A) The appeal must be made in writing by the offender or his or her attorney to the board within thirty (30) days from the date of the revocation hearing decision unless the time period or other requirements are waived by the board.
(B) In the written appeal, the offender or his or her attorney may:
(i) Request a review of the decision to revoke supervision; and
(ii) Ask that the decision be reversed or revised.
(C) The appeal should state specific reasons for the belief that the decision should be reversed or revised.
(c) The filing of an appeal will not preclude the transport of the offender to a residential treatment program or the Department of Corrections.
(d) All appeals must meet the guidelines as set forth in this section to be considered valid for review by the board.