Parole Holds: Their Effects on the Rights of the Parolee and the Operation of the Parole System

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When a parole agent or other representative of the administrative component of a parole system causes a parolee to be placed or retained in custody, without action by the quasi-judicial, decision-making component of the system, a parole hold is said to have been placed. An examination of legal theories offered to support such holds suggests that no sound authority exists for the use of parole holds. Their present use appears to be not only unauthorized, but in violation of the basic rights which parolees retain after conviction and incarceration. An analysis of the theoretical basis for having an independent parole case-decision-making body separate from the administrative workings of the system suggests that parole holds undermine the theoretical foundations of such a separation system and are likely to have serious detrimental effects on the system's successful operation. This Comment will present and analyze these issues, then propose specific reforms which can better serve the interests of both the parolee and the parole system.


parole, parolee, rights, parole holds

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UCLA Law Review

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