A blue warrant is a parole revocation warrant issued when a person on probation violates the conditions of their release. Probation is granted at the discretion of a court or judge, and violations can result in immediate arrest and loss of privileges. The warrant process involves a probation committee and hearings to determine if a violation occurred and if probation should be revoked. The National Correctional Institution recommends timely hearings to avoid backlogs in county jails.
“Blue warrant” is a colloquial term for a parole revocation warrant, which is a tool in the U.S. legal system used to strip convicted offenders of probation privileges. In general, a blue warrant is issued when a person on probation violates one or more of the conditions of that release. At least in the United States, probation is one way people convicted of felonies can complete their sentence outside of physical prison. In almost all cases the release depends on compliance with certain rules and regulations. Some of these rules are universal, but others are designed specifically for the convict and her circumstances. If these guidelines are not met, the ex-offender is subject to arrest and a warrant to revoke probation will likely be issued. This type of warrant could also be issued for prisoners who were paroled when in fact they could not be released.
Understanding Words In General
The parole is a kind of suspension that some prisoners can earn that allows them to serve their sentences with the restoration of many, if not most, of the rights, including in many cases the right to live in their own homes. Whether or not a person is granted probation is almost always a matter of the discretion of a court or judge. Sometimes, particularly in very gruesome or egregious crimes, a person will be sentenced to a certain amount of time in prison “without parole.” In all other cases, probation is usually an option, but never guaranteed.
Inmates who are eligible for probation, often due to good behavior while in prison, usually appear before what is known as a “probation committee” for a formal hearing. The panel, which is usually made up of correctional officers and law enforcement officers, determines whether the prisoner can be released and, if so, under what conditions. These conditions are usually taken very seriously. A paroled prisoner may be prohibited from consuming alcohol, for example, and may not be allowed to come into contact with certain people; in any case he will be barred from committing other crimes. If the probation violates the terms in any way, law enforcement agencies can issue a warrant for your immediate arrest. People who violate their probation are almost always re-incarcerated and typically lose many of their privileges in prison as well.
Mandate process
Most states have clear procedural guidelines for issuing probation revocation warrants. In most cases, people on probation are assigned specific officers to whom they must report, usually on a strict schedule such as once a day or once a week. The officer usually submits regular reports on the person’s conduct and behavior, and these reports usually form the basis for any warrant requests. Individuals in a state’s probation department review all reports to determine whether there is probable reason to believe that a probation violation has occurred.
Hearings
When a state parole board determines that probable cause exists, a court will typically issue a warrant and the parole will be withheld, but nothing formal happens with respect to the record or status of the probation until it has been determined. convened a formal hearing. In some cases the alleged offender may be granted a preliminary hearing in which a judge will decide whether there is probable reason to believe that the probation violated his or her probation. If the cause is found, a revocation hearing is held; in some cases, a probationer will go straight to the revocation hearing. At the revocation hearing, the panel will evaluate the evidence presented and order action to be taken, which may include the revocation of probation.
Both types of hearings take place in two stages. In the first part, evidence on the alleged violations is presented to see if they meet a certain level of proof. If there is sufficient evidence, the second part, called the adjustment phase, is held. At this stage, the board considers the evidence plus other factors, such as employment history or compliance with drug treatment. This second hearing is also sometimes known as a mitigation hearing.
Ramifications and practical realities
If a sheriff or other official has an individual in custody, they are required to notify the probation department when a criminal charge has been filed or a sentence has been rendered. A person who violates his or her probation terms and is arrested on a blue warrant does not qualify to be released from prison on bail. Since bail is almost never available on such a warrant, the probationer will remain locked up pending his hearing.
Importance of timeliness
The National Correctional Institution recommended in 1997 to speed up the drafting of the blue mandate. This was due to a severe backlog in county jails. The guidelines are that the revocation hearing must be held in a timely manner, unless the person is facing criminal charges or is being held in a federal or another state correctional facility.
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