At first, a warrant of arrest is issued and served to the parole-violator and he is finally arrested and brought back to the prison or the institution by the parole authorities without the necessity of a fresh trial in his case. He is then given a ‘parole-violation hearing’ and offered every opportunity to defend his case in person or through a counsel.
If he is unable to justify his conduct, he is made to undergo the unexpired term of his sentence. If he has violated parole conditions by committing another crime, then in that case, he shall be tried for the new offence and sentenced accordingly. But he shall not be committed to parole second time, i.e., while undergoing a term of sentence for his subsequent offence.
In India, the Prisons Act (IX of 1894) expressly provides that if any prisoner fails without sufficient cause to observe any of the conditions on which his sentence was suspended or remitted or furlough or release on parole was granted to him, he shall be deemed to have committed a prison offence under Section 48-A of the Act. Such paroles shall be proceeded against under the appropriate law for parole-violation.
The American correctional system, however, provides for the return of parolees to the institution even without the parole law having been violated. This is intended either to enable the parolee to complete his industrial or technical training which he had to leave incomplete because of his discharge on parole or to offer him an opportunity to pick up new trade or a job or to complete the course of medical treatment and for similar other reasons. The practice of voluntary return of parolee to the institution for any of the aforesaid reasons is unknown to the Indian law of parole.