(b) At a local disability hearing, the alleged offender may voluntarily provide witnesses and documentary evidence on his or her behalf. The alleged offender may also request the mandatory presence of opposing witnesses for cross-examination and any relevant positive witnesses who did not volunteer to participate. At an institutional invalidity hearing, the alleged offender may present voluntary witnesses and documentary evidence in his or her favour, but may not require the Board to present a negative or positive witness. At each hearing, the presiding hearing officer or examiner may limit or exclude irrelevant or repetitive written statements or evidence and prohibit the probation officer from contesting issues already decided against him or her in other proceedings. If a person violates a probation condition, they will be brought before a Deputy Commissioner of the Parole Board prior to a revocation hearing. (f) At a local revocation hearing, the Board shall ensure the presence of the probation officer`s community supervisor or an alternate community supervisor who produces the probation officer`s supervision record if the probation officer`s community supervisor is not available. At the request of the hearing examiner, the hearing examiner testifies at the hearing about the probation officer`s adaptation to probation. Note that there are cases where a person may be released earlier from parole. For example, some offenders may apply to the Penitentiary and Rehabilitation Department for parole after six months.
(e) An alleged offender may be represented by a lawyer at a local or institutional invalidity hearing. Instead of counsel, an alleged offender may be represented at each revocation hearing by a person of his or her choice. However, the role of such a non-lawyer representative is limited to making a statement on behalf of the alleged offender. Only licensed lawyers are permitted to question witnesses, raise objections and represent probation officers, except for law students who appear before the Board as part of a court-approved clinical practice program with the consent of the alleged offender and under the personal direction of a lawyer or law professor who is physically present at the hearing. If you have breached the probation conditions, your probation officer will notify the judge. Probation offences can range from testing positive for drugs to being arrested for a new crime. When the judge is informed of your violation, he or she decides whether or not to hold a hearing. The hearing is called a probation revocation hearing. At the probation revocation hearing, you will be asked to explain how and why you breached the probation conditions.
Your probation officer and the prosecutor will be present at the hearing. In addition, you can ask the judge to provide evidence that you have improved during probation, or to provide testimonials or letters from parents, supervisors or community members. It should be noted that on the issue of probable cause (whether at a hearing with a member or the Parole Board), the burden of proof is a “balance of probabilities”. This means that a probation officer will violate probation if they are more likely to have committed a violation. In addition to the above probation conditions, probation officers are prohibited from violating other California state laws. The Parole Hearing Board (BPH) can schedule a probation hearing in California for a probation officer accused of committing another crime, even if there is no criminal conviction. Also note that California probation laws require a probation officer to be detained in the county jail pending recall.6 Unlike a criminal trial, where a jury makes findings of fact, a probation revocation hearing is held before a judge. The judge will hear arguments from both parties and make a decision.
(g) After the revocation hearing, the examiner shall prepare a summary of the hearing containing a description of the evidence against the probation officer and the evidence presented by the probation officer to defend or mitigate the charges, a summary of the probation officer`s arguments against the revocation and the decision recommended by the examiner. The examiner`s summary, along with the probation officer`s file (including all written evidence and letters submitted on behalf of the probation officer), is given to another examiner for review. If two reviewers agree with a recommended decision, that recommendation, along with the probation officer`s record and the hearing examiner`s summary of the hearing, is submitted to the Board for decision. Judges can send non-compliant probation officers in California to prison for up to a year. If probation is revoked for committing a new crime, the maximum period for which the inmate can be returned to custody is always one year. However, the district prosecutor may decide to bring new criminal charges against the detainee, separately and separately from the revocation of probation. If convicted, the inmate may also be returned to custody for the new offence. A revocation hearing can do one of two things: a probation revocation hearing or a probation revocation hearing. A recall hearing is a hearing before a judge where the judge decides whether your probation or probation will be revoked.
