AG U96-09.

• Case Date: December 02, 1996
• Court: Rhode Island

Rhode Island Attorney General Opinions 1996. AG U96-09. UNOFFICIAL OPINION U96-09December 2, 1996Audrey CarnevaleExecutive Secretary Rhode Island Parole Board Department of Corrections One Center Place Providence, Rhode Island 02903 Dear Ms. Carnevale: On August 15, 1996, this Department issued Unofficial Opinion No. U96-05 which addressed the burden of proof necessary for a revocation of parole. We therein discussed the due process rights attendant to each of the two stages of parole revocation - the preliminary hearing and the full revocation hearing. Subsequently, you wrote to request whether the mere fact that a parolee has been charged with a new criminal offense is itself sufficient grounds for a parole violation at either the preliminary hearing or the full revocation hearing. We have not found any case law on this specific point. As indicated in footnote 1 of U96-05, citing State ex rel Brown v. Artison, 138 Wis.2d 350, 405 N.W.2d 797 (Wis.App. 1987) and Nelson v. United States, 479 A.2d 340 (D.C.App. 1984) under some...