What is the test for revoking a parolee's parole?
The following excerpt is from People ex rel. Matthews by Greenberg v. New York State Div. of Parole, 447 N.E.2d 689, 460 N.Y.S.2d 746, 58 N.Y.2d 196 (N.Y. 1983):
The underlying rationale is, of course, to insure that the parolee's constitutional rights are protected. Prima among these rights is the right to due process in the course of the parole revocation hearing. Because the revocation of parole has the effect of depriving a person of his liberty, albeit a restricted form of liberty, he has a substantial enough interest to justify some form of due process although not the full panoply of rights due a defendant in a criminal proceeding. (Morrissey v. Brewer, 408 U.S. 471, 480-484, 92 S.Ct. 2593, 2599-2602, 33 L.Ed.2d 484.) Affording a parolee some form of due process prior to revoking his parole protects not only his interest in the liberty he enjoys by virtue of his parole, but also society's interest in "restoring him to [a] normal and useful life within the law." (Morrissey v. Brewer, supra, at p.
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