What Is a Motion to Revoke Parole?

By Esther Ejim
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Parole is the conditional release of a convicted criminal before completion of his sentence. The convict is released after a determination by a court that he is sufficiently rehabilitated and no longer a threat to society. Such a release is based on the condition that the parolee abide by rules set forth by the releasing authority and enforced by a parole officer, and may be revoked if the parolee violates the rules.

Overview

A state's parole board is usually the authority that assesses the progress of a parolee in order to make recommendations regarding the offender’s conduct. This is because the convict ceases to be the responsibility of the correctional institution as soon as she is released from prison. The parole board, in collaboration with the parole officer, determines how the parolee will transition from prison back into the society. The board is accountable, to a certain degree, for the conduct of the parolee and will revoke parole if she does not abide by the conditions.

Motion to Revoke Parole

A motion to revoke parole is the administrative process of sending a parolee back to prison for violating the terms of his parole. Before the parole of the defaulting parolee is voided, the parolee is entitled to a parole revocation proceeding by which a parole board examines the circumstances of the parole violation and allows the parolee to defend himself before making a decision. Even though a parolee is entitled to a fair hearing, the procedure for a parole hearing is not the same as for a criminal prosecution, and the parole board has full discretion to make decisions regarding each case.

Reasons for Revoking Parole

Any violation of the conditions given to a parolee while on parole is enough reason for her parole to be revoked. This is because, even though the offender has been released back into the community, she is still serving the rest of her sentence and until the sentence has expired, the parolee can still be remanded back to prison for parole violations. Reasons for revocation include a failed random alcohol or drug test, abandonment of court-ordered counseling or drug treatment, and missing an appointment with a probation officer. Other violations that could lead to revocation of parole include failure to pay a fine, failure to complete community service and the commission of another offense.

Committing Another Offense

Committing another offense while on parole can lead to dire consequences for the parolee. Not only will the parole be revoked, but the offender may be given the maximum punishment for the previous offense and another strict punishment for the new one. He will also forfeit the possibility of parole for the new offense.

About the Author

Esther Ejim started writing professionally in 2006. She has worked in various positions in the health-care field for more than 20 years. Ejim holds a Bachelor of Science in social science and gerontology, a Master of Science in health-care administration and a Master of Business Administration from the University of Maryland University College at Largo.