State Detainers and Bail

If you are on state parole and are arrested for a new crime, you will automatically be detained by the local authorities.  It does not make sense to post the bail set on the new case, at least until the State Parole Board makes a determination as to whether the individual will be held pending the outcome of the new case.

The parolee is entitled to a first level detention hearing.  If the person has done well on parole up to the point of the arrest, and the new arrest is minor, it often makes sense to waive the first level hearing, admit to a technical violation, and ask the hearing examiner to make a recommendation to the Board for release.  As a practical matter, it often takes eight to ten weeks to get the ‘green sheets’ back, which is the final Board determination.
Assuming all goes well, the Board may decide to release the individual, or place that individual on an in-home detention/house arrest situation.  At that point, bail must be posted on the new case for the person to be released.

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