Does a preliminary hearing need to be held to determine whether probable cause exists to retake a parolee into custody?

California, United States of America


The following excerpt is from Scott, In re, 108 Cal.Rptr. 49, 32 Cal.App.3d 124 (Cal. App. 1973):

The question presented is whether in the circumstances of this case the informal preliminary hearing described in Morrissey v. Brewer, Supra, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484, need be held to determine whether probable cause exists to retake a parolee into custody.

Decided on June 29, 1972, Morrissey v. Brewer, by its own declaration, was to apply to future revocations of parole. It held that the parole of a prisoner may not be revoked without certain procedural safeguards to insure due process, including an informal preliminary hearing to determine whether probable cause exists to retake him into custody, of which hearing and of the alleged grounds for which he should have written notice; and if such cause is found to exist by the hearing officer, who should not be the parolee's supervisory officer, a further hearing at the prison to determine whether parole should be revoked.

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