PURPOSE: An alleged supervised released violator is entitled to a preliminary hearing under the provisions of a United States Supreme Court decision, Morrisey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972). (1) Every alleged violator has the right to an informal hearing to determine if there is probable cause a violation of supervised release has occurred.

1. (2) The alleged violator may indicate his/her desire for a hearing, or his/her waiver of a hearing, by so indicating on a form entitled, Request for Waiver of Preliminary Hearing, which will be furnished to him/her by his/her parole officer.

2. (3) There are certain conditions to be met in the conducting of a preliminary hearing.

   1. (A) The preliminary hearing will be held as promptly as is convenient after the arrest.
   2. (B) The preliminary hearing will be held reasonably near the place of the alleged violation or arrest. The officer will notify the alleged violator of the date, time and location of the hearing and will designate the officer who will conduct the hearing. The charges brought against him/her will also be furnished to him/her. In no instance will the officer conducting the hearing be the alleged violator’s supervising officer or that officer’s immediate supervisor.

   3. (C) The hearing officer will be in charge of the hearing and only the alleged violator and the hearing officer will be present, unless the hearing officer feels a security officer should be in attendance. Only one (1) witness will be allowed in the hearing room at a time. The hearing officer will initiate all questioning of witnesses and may terminate any questioning if the testimony becomes irrelevant, repetitious or excessive.

      1. 1. The alleged violator may present

his/her own testimony and present any documents or other evidence or mitigating circumstances which may throw light on the violation.

1. 2. The alleged violator may present

his/her own witnesses who can give relevant information concerning the violator. The witnesses cannot just be character witnesses. It will be the responsibility of the alleged violator to produce his/her own witnesses, and if s/he is in custody the officials in charge of the detaining facility will allow him/her to make contacts as may be necessary. The hearing officer does not have subpoena power, and there are no funds available to issue the appearance of any witness nor to pay any other expenses incurred by the alleged violator in preparation for or resulting from the preliminary hearing.

1. 3. The alleged violator may confront or

cross-examine any adverse witnesses unless the hearing officer determines that the witnesses may be subject to risk of harm if their identity is disclosed. 14 CSR 80-4

1. 4. The alleged violator will not be

allowed to have an attorney present, as this is an informal review to establish probable cause. The only exception shall be if the hearing officer has reason to believe the alleged violator is incapable of understanding the proceedings.

1. 5. Upon completion of the hearing, the

hearing officer will forward a written hearing report to the board for further action. The alleged violator will receive a copy of the report as soon as it can be prepared and delivered.

AUTHORITY: sections 217.720 and 558.031, RSMo Supp. 1990.* This rule was previously filed as 13 CSR 80-4.020. Original rule filed March 15, 1974, effective March 25, 1974. Emergency amendment filed Aug. 6, 1979, effective Aug. 16, 1979, expired Nov. 11, 1979. Amended: Filed Aug. 6, 1979, effective Dec. 13, 1979. Amended: Filed July 15, 1988, effective Nov. 1, 1988. Emergency amendment filed Dec. 18, 1991, effective Feb. 1, 1992, expired May 30, 1992. Amended: Filed Dec. 18, 1991, effective June 25, 1992. *Original authority: 217.720, RSMo 1982, amended 1989, 1990 and 558.031, RSMo 1977, amended 1990.