Administrative Code Provisions | WCHR ยง 23-700-43 | 2018
(a) The parolee may appear at the preliminary hearing and present relevant evidence including witnesses and documents relevant to the allegations of violation of the terms and conditions of parole.
(b) The parolee may question adverse witnesses and challenge any documents, except when the hearings officer finds the safety of a witness would be jeopardized, the hearings officer may accept testimony from such a witness without the witness being questioned by the parolee. The identity of such a witness need not be disclosed to the parolee's or inmate's attorney
(c) The hearings officer shall at the conclusion of the hearing and on the evidence presented, make a determination and render a decision as to whether there is a probable cause to believe the parolee violated the terms and conditions of parole. When the hearings officer finds probable cause that the parolee violated the terms and conditions of parole, the parolee shall remain confined.
(d) When the hearings officer finds no probable cause that the parolee violated the terms and conditions of parole, the hearings officer shall dismiss the warrant and return the parolee to the status the parolee had prior to reimprisonment.
(e) In all cases, the hearings officer shall make a written summary of the hearing, including the reasons for the hearings officer's decision and evidence relied upon.
(f) When a parolee is arrested and confined pursuant to an Authority warrant or preliminary hearing decision, the Authority shall hold a revocation hearing within sixty calendar days after the date of the arrest. If the parolee is arrested out of state, the sixty calendar days will begin at the time the parolee is returned to the State of Hawaii.