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Policy Manual
ADMINISTRATIVE HEARINGS
Parole Revocation Hearings

22-9-5
Hearing Procedure

Conduct of Hearing The hearing shall be conducted by the hearing officer in an orderly, impartial, and informal manner consistent with due process and fairness.

Legal Reference: CONN. GEN. STAT. §4-177 to 4-181.

Hearing Officer Preparation The hearing officer shall familiarize himself with necessary reports and supporting evidence just prior to the hearing. However, he shall not examine any documents or evidence unrelated to the present hearing in advance of the hearing date or speak with any parties outside the presence of the other party.
Parties at the Hearing The hearing officer shall determine that all necessary parties are present and note their attendance in the record.

The following persons must attend the hearing:

•the child
•the parole officer or representative of the parole services staff
•the regional worker, when the child is dually committed
•the child's appointed representative.

The following persons may also attend the hearing:

•the child's parent/guardian
•the child's choosen representative
•witnesses requested by the child or brought by the Department
•other staff members and significant others involved with the child
•observers at the discretion of the hearing officer.

Hearing Officer Responsibilities During the Hearing After determining the presence of proper parties, the hearing officer shall proceed as follows:

•Make an opening statement describing the nature of the proceeding, the issues, and manner in which the hearing shall be conducted.

•Determine if the child received and understood the notice of the hearing.

•May appoint a representative if, based on his own evaluation, he deems a previous denial was inappropriate.

•Advise the child that he has a right to remain silent and that a waiver of this right may result in cross-examination or use of his statements at a later court proceeding.

•Swear in all witnesses.

•Rule on admissibility of evidence, objections, privilege, and motions.

Note: Technical rules of evidence followed in a court of law shall not apply, but evidence relied upon must be relevant and material. Direct and verified evidence shall be given the greatest weight in deciding issues in a particular case.

•Use discretion in screening witnesses. Any witness whose testimony would not be relevant to the issues at hand may be excluded. The hearing officer shall document the reasons for exclusion.

•Assure that the child has full opportunity to present all relevant information in his own behalf, including the chance

-to present witnesses and documents
-to question adverse witnesses to the extent necessary to assure that the hearing officer is accurately informed of the facts
-to examine evidence.

•May at his discretion, order

-the removal of any person present at a hearing when the presence of that person interferes with the orderly conduct of the hearing, or
-that the child be excluded from any part of the hearing when evidence presented would be detrimental or his presence would result in danger to self or others.

•Grant a continuance at any time when he determines that

-the child did not receive adequate notice
-the child should have an appointed representative
-the charges must be substantially amended
-additional evidence is necessary
-necessary persons are absent.

Such continuances shall be granted when the facts otherwise could not be fully and accurately presented.

•Make a record of his findings on each of the charges, his disposition, the evidence relied upon, and his reasoning.

Following the Hearing Following the hearing, the hearing officer shall

•Convey the hearing decision to appropriate Long Lane staff.

•Convey information and recommendations from the hearing that may be outside the purview of the decision but are important to consider in the child's treatment plan.

Connecticut Department of Children and Families Issued: March 1, 1994