Parole Revocation Law and Legal Definition

Parole revocation means the administrative act of committing a parolee back to to prison for his/her failure to comply with the conditions of parole. Habeas corpus is a proper remedy for review of parole revocation proceedings. “The United States Supreme Court has taken a narrow view of the rights afforded in a parole revocation proceeding: Revocation of parole is not part of a criminal prosecution and thus the full panoply of rights due a defendant in such a proceeding does not apply to parole revocations. Subsequently, the United States Supreme Court, applying a test of "fundamental fairness," held that there was only a discretionary right to counsel at both preliminary and final parole revocation hearings, with the decision to be made on a case-by-case basis.”[ People ex rel. Newcomb v. Metz, 64 A.D.2d 219 (N.Y. App. Div. 1978)].