There are two types of state parole violators: convicted and technical.
Convicted Parole Violator (CPV)
A parolee who violates parole by committing a new crime while on parole. For a parolee to be recommitted as a CPV:
(1) The crime must be committed during the period of parole or while delinquent on parole; and
(2) The crime must be punishable by imprisonment; and,
(3) Parolee must be convicted or found guilty by a judge or jury,
(4) or plead guilty or nolo contendere in a court of record or of any misdemeanor of the third degree and certain summary offenses.1
Technical Parole Violator (TPV)
A parolee who violates probation or parole terms and conditions, other than a new misdemeanor, felony conviction, or certain summary offenses. Examples include: missed curfew, being unsuccessfully discharged from a CCC or CCF, leaving the district without permission, failing to report as instructed etc.
Key Points About the Parole Violation Process
1. If a parolee is arrested for a crime while on parole, the parolee will most likely be returned to prison. Other parole violations may or may not result in re-incarceration, depending on what the violation is and if it is a repeat behavior. All violations will result in a sanction ranging from curfew, increased urine testing, or attending programming to be placed in an in-patient treatment or technical parole violator center. The Board may also impose a period of brief detention as a form of sanction.
2. If a parolee is arrested on new criminal charges, the Board has the authority to lodge a detainer against the parolee, which will prevent his/her release from custody, pending disposition of those charges, even though the parolee may have posted bail or has been released on his/her own recognizance from those charges.
3. If a parolee violates a condition of parole/reparole and, after the appropriate hearing(s), the Board decides the parolee is in violation of a condition of parole/reparole, the individual may be recommitted to prison for a time specified by the Board.
4. If a parolee is convicted of a crime committed while on parole/reparole, the Board has the authority, after an appropriate hearing, to recommit the parolee to serve the balance of the sentence or sentences the parolee was serving when paroled/reparoled, with no credit for time at liberty on parole.
5. A hearing is required before parole may be revoked. The parolee is entitled to assistance of counsel at revocation and violation hearings and to free counsel if indigent. The Parole Board does not appoint counsel. A public defender of the county in which an indigent parolee is incarcerated provides counsel. Rules of Criminal Procedure do not apply. Parole Board regulations govern proceedings. A parolee also has a right to waive all hearings.
1Possession of a Firearm in a Court Facility; Harassment; Retail Theft; Disorderly Conduct; Public Drunkenness; Cruelty to Animals; Aiding or Abetting a Minor to Commit Truancy; Selling or Furnishing Non-Alcoholic Beverages to Minors