Tex.
Gov't Code Section 508.281
Hearing
(a)
A releasee, a person released although ineligible for release, or a person granted a conditional pardon is entitled to a hearing before a parole panel or a designated agent of the board under the rules adopted by the board and within a period that permits a parole panel, a designee of the board, or the department to dispose of the charges within the periods established by Sections 508.282 (Deadlines)(a) and (b) if the releasee or person:(1)
is accused of a violation of the releasee’s parole or mandatory supervision or the person’s conditional pardon, on information and complaint by a peace officer or parole officer; or(2)
is arrested after an ineligible release.(b)
If a parole panel or designated agent of the board determines that a releasee or person granted a conditional pardon has been convicted of a felony offense committed while an administrative releasee and has been sentenced to a term of confinement in a penal institution, the determination is considered to be a sufficient hearing to revoke the parole or mandatory supervision or recommend to the governor revocation of a conditional pardon without further hearing, except that the parole panel or designated agent shall conduct a hearing to consider mitigating circumstances if requested by the releasee or person granted a conditional pardon.(c)
If a designated agent of the board determines that a releasee who appears in compliance with a summons has violated a condition of release, the agent shall notify the board. After the board or a parole panel makes a final determination regarding the violation, the division may issue a warrant requiring the releasee to be held in a county jail pending the return of the releasee to the institution from which the releasee was released.(c)
If a hearing before a designated agent of the board is held under this section for a releasee who appears in compliance with a summons, the sheriff of the county in which the releasee is required to appear shall provide the designated agent with a place at the county jail to hold the hearing. After the board or a parole panel makes a final determination that a releasee has violated a condition of release, a warrant may be issued requiring the releasee to be held in the county jail pending:(1)
transfer to an intermediate sanction facility; or(2)
the return of the releasee to the institution from which the releasee was released.(d)
If a parole panel or designated agent of the board determines that a releasee has violated a condition of release required under Section 508.192 (Reentry into the United States Prohibited) and confirms the violation with a peace officer or other law enforcement officer of this state who is authorized under federal law to verify a person’s immigration status or, in accordance with 8 U.S.C. Section 1373(c), with a federal law enforcement officer, the determination is considered to be a sufficient hearing to revoke the parole or mandatory supervision without further hearing or determination, except that the parole panel or designated agent shall conduct a hearing to consider mitigating circumstances, if requested by the releasee.(e)
A parole panel or designated agent of the board may not revoke the parole or mandatory supervision of a releasee if the parole panel or designated agent finds that the only evidence supporting the alleged violation of a condition of release is the uncorroborated results of a polygraph examination.(f)
Any hearing required to be conducted by a parole panel under this chapter may be conducted by a designated agent of the board. The designated agent may make recommendations to a parole panel that has responsibility for making a final determination.
Source:
Section 508.281 — Hearing, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.508.htm#508.281 (accessed Jun. 5, 2024).
