Probation and Parole: Procedural Protection

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.