An administrative appeal may be filed by an incarcerated individual who has been denied discretionary release (parole) by the Board of Parole.
In addition, an incarcerated individual may file an administrative appeal from a decision rescinding a prior grant of parole. Parolees who have had their parole, conditional release, presumptive release, or period of post-release supervision revoked may also file an administrative appeal.
A Notice of Appeal must be filed with the Board of Parole's Appeals Unit within 30 days of the date incarcerated individual or parole violator receives written notice of the Board's decision.
If the appeal is from a final revocation decision, the 30-day filing period begins when either incarcerated individuals or their attorneys (if they were represented by one at the Final Hearing) receive a copy of the revocation decision.
Potential Appeal Questions
The following questions may be raised on appeal from a minimum period of imprisonment or release proceeding:
- Did the proceeding and/or determination violate lawful procedure, or was it affected by an error of law, was it arbitrary and capricious, or was it otherwise unlawful?
- Did the Board member or members making the determination rely on erroneous information as shown in the record of the proceeding, or was relevant information not available for consideration?
- Was the determination excessive?
The questions below may be raised on appeal from a parole rescission or final revocation determination, and subject to the limitation that evidentiary rulings will be considered only if a timely objection was made at the hearing:
Was the determination supported by a preponderance of the evidence?
Incarcerated individuals may obtain private counsel to assist in completing their appeal. If they cannot afford private counsel, they should contact the closest legal services organization providing free legal services for indigent individuals, or the county court in the county where they are imprisoned.
They may obtain the names and addresses of such legal services organizations and appropriate courts by contacting their ORC or the Inmate Law Clerk of the Law Library at their correctional facility.