Other Free Encyclopedias » Law Library - American Law and Legal Information » Crime and Criminal Law » Probation and Parole: Procedural Protection - Introduction, Granting Release, Release And Sandin V. Conner, Parole Rescission, Beyond Parole: Other Decisions Affecting Release Of Prisoners

Probation and Parole: Procedural Protection - Parole Rescission

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There are occasions when a parole authority may decide to grant parole and, in prison jargon, "give the inmate a date." Subsequent to the actual physical release the parole authority may come to believe that the inmate misrepresented certain facts or a serious disciplinary infraction may have occurred and the authority decides to rescind the previously extended offer of parole.

While state statutory law or administrative regulation may provide for a hearing, the general rule is that parole rescission may be accomplished unilaterally by the parole authority with no due process protections.

As for the competing analogies, rescission is treated as a part of the granting (no rights) process and not as a part of the revocation (due process rights) process.

Probation and Parole: Procedural Protection - Beyond Parole: Other Decisions Affecting Release Of Prisoners [next] [back] Probation and Parole: Procedural Protection - Release And Sandin V. Conner

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