Process of suspected parole violation

On Behalf of | Sep 8, 2022 | Criminal Defense

Parole is one way the legal system gives defendants a second chance. Although released from incarceration, individuals on parole still must follow specific guidelines and restrictions, as they are still carrying out their sentence.

During this supervised release, the parolee stays in contact with their parole officer and follows terms of the release. Violating any of the terms, or committing a new crime, may result in unwanted consequences.

Examples of violations

The New Jersey State Parole Board discusses conditions of parole and the importance of a parolee following them. The specific conditions may vary according to each individual, but some common parole conditions include:

  • Meeting with a parole officer and keeping him or her informed
  • Finding a job and staying employed
  • Passing random drug tests
  • Avoiding arrest
  • Partaking in community service
  • Attending counseling

Violating any of these conditions may result in the necessity to attend a revocation hearing.

The revocation hearing

The New Jersey Courts discusses that a parolee will have a revocation hearing to determine if he or she violated any of the parole conditions. A hearing also occurs if the parolee faces conviction of a new crime while on parole. During this hearing, the parolee will have the opportunity to present evidence to a hearing officer, who is a neutral party. The parolee can also state as to why there should not be a revocation of parole.

After the hearing, the hearing officer prepares a written report and submits it to the parole board. A parole decision occurs within 21 days of the hearing.

Consequences of violating parole

If the decision is parole revocation, the board panel either directs the defendant to finish out the remainder of the original sentence behind bars, or it assigns a new parole eligibility term. If the board determines there should not be a revocation, it may modify the conditions of the parole or keep the conditions the same.