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During the Executive Revocation Hearing, the offender has the right to have witnesses present who may have information relevant to the alleged violation(s). If the violation(s) is(are) established (by a preponderance of the evidence), the ALJ may recommend revocation of the offender’s parole. For offenders serving a sentence for a violent offense, the recommendation is forwarded to the Governor who may follow the ALJ’s recommendation or she may make other decisions regarding the revocation. For offenders serving a sentence for a non-violent offense, the ALJ makes the final determination regarding revocation.
Offenders may choose to waive either the probable cause hearing or the revocation hearing by completing a waiver form which is signed and witnessed. If the revocation hearing is waived by the offender, the ALJ will review the offender’s “jacket” (or D.O.C. file) and all evidence submitted to her and make a recommendation based upon such evidence as presented. The offender is serving time day-for-day until a final revocation determination is made. Once a determination is made and processed the offender will be eligible for credits earned as calculated by the Oklahoma Department of Corrections.
The ALJ may recommend:
After completion of an Executive Revocation Hearing the ALJ will have a recommendation to the Governor usually within 30 to 45 days of the Hearing. The ALJ will send the entire D.O.C. file, a summary of the Hearing (if held), any other documentation submitted for consideration, and a Revocation Certificate to the Governor. The Governor has 30 to 90 days to process the final revocation determination. After a final decision is made the Governor files the Revocation Certificate with the Oklahoma Secretary of State and sends a copy to the Oklahoma Department of Corrections and the offender.