18-c-5 Parole

• Library: A Jailhouse Lawyer's Manual (2020 Edition)

18-C-5. Parole

The mere opportunity to obtain parole does not necessarily grant you a liberty interest in obtaining parole.⁹² But even though the Constitution doesn't give you a liberty interest in obtaining parole, you may have a state-created interest. If a state statute creates an "expectation of parole," then it also creates a liberty interest in getting parole.⁹³ This varies from state to state and depends on the language in the statute.⁹⁴ If a parole law uses "mandatory language," then it might create a liberty interest. For example, if the statute says that the parole board "shall" release a prisoner on parole "unless" certain conditions aren't met, an expectation of parole is created by the statute, and you have a liberty interest.⁹⁵

Generally, confinement in either administrative or disciplinary segregation that may also affect your parole opportunities does not implicate a protected liberty interest under Sandin. ⁹⁶ Therefore, even if your release date has been postponed because you have spent time in segregation, you still do not have a liberty interest at stake when you are initially charged with a violation.

Once you obtain parole, you do have certain rights if your parole is being revoked.⁹⁷ In Morrisey, the Supreme Court outlined the procedural rights that you have before your parole can be revoked.⁹⁸ When you are first arrested or charged with a violation, you have a right to a preliminary hearing. The purpose of the hearing is to make sure there are facts that support the alleged violation. This hearing should be conducted near where you were arrested or where the violation took place, and as soon afterwards as possible.⁹⁹ The hearing should be done by someone who is not directly involved in your case.¹⁰⁰ You should receive notification of the preliminary hearing before it takes place, including information about why the hearing is happening and the allegations against you.¹⁰¹ You can present information and question anyone testifying against you at the hearing. After the preliminary hearing, there will be a parole revocation hearing. You have the right to:

(1) a parole hearing reasonably soon after your arrest;

(2) receive written notice of the claims against you;

(3) receive information about the evidence against you;

(4) speak at your hearing and present witnesses and evidence;

(5) question witnesses testifying against you (unless the hearing officer specifically finds that...