TEXAS BOARD OF PARDONS AND PAROLES
A preliminary hearing is conducted to determine whether probable cause exists to proceed to a revocation hearing. This is the same level of proof needed when a Police Officer pulls someone over for a traffic stop or a Magistrate sets a bond. Only offenders with pending criminal charges or unfiled charges are entitled to a preliminary hearing.
A revocation hearing is conducted to determine whether a preponderance of credible evidence exists to believe that one or more conditions of release have been violated. A preponderance means that there is more evidence than not that a violation occurred. A revocation hearing may be conducted for law violations when probable cause is found in a preliminary hearing, a conviction has occurred, or if there are only technical violations alleged. There must be an affirmative finding that a violation(s) occurred in the revocation hearing for a Board panel to take action. The panel has several options: the offender may be continued on supervision with or without graduated sanctions; the offender may be incarcerated in an Intermediate Sanction Facility or transferred to a Substance Abuse Felony Punishment Facility for a limited period of time while remaining on supervision; or the offender’s parole or mandatory supervision may be revoked and the offender returned to prison.
A mitigation hearing (the same as a revocation hearing) is conducted to determine whether an offender who has received a felony conviction with a term of incarceration in a penal institution should be revoked. This is a limited hearing designed to allow the offender to explain why they should not be revoked.
NOTE: An offender has the right to waive their hearing(s) if eligible to do so.
Updated 01/02/2019