§ 11-13-3-10 — Parole revocation hearing

Indiana § 11-13-3-10

• Jurisdiction: Indiana
• Art. 13: PROBATION AND PAROLE
• Ch. 3: Parole and Discharge of Criminal Offenders

Text

(a) Parole revocation hearings shall be
conducted as follows:
(1) A parolee who is confined due to an alleged violation of
parole shall be afforded a parole revocation hearing within sixty
(60) days after the parolee is made available to the department by
a jail or state correctional facility, if:
(A) there has been a final determination of any criminal charges
against the parolee; or
(B) there has been a final resolution of any other detainers filed
by any other jurisdiction against the parolee.
(2) A parolee who is not confined and against whom is pending
a charge of parole violation shall be afforded a parole revocation
hearing within one hundred eighty (180) days after the earlier of:
(A) the date an order was issued for the parolee's appearance at
a parole revocation hearing; or
(B) the date of the parolee's arrest on the parole violation
warrant.
The revocation hearing shall be conducted by at least one (1) member
of the parole board, and the purpose of the hearing is to determine
whether a violation of a condition to remaining on parole has occurred
and, if so, the appropriate action. In connection with the hearing, the
parolee is entitled to those procedural safeguards enumerated in section
9(a) of this chapter. The parolee may offer evidence in mitigation of the
alleged violation.
(b) If it is determined from the evidence presented that the parolee
did not commit a parole violation, the charge shall be dismissed.
(c) If it is determined that the parolee did violate parole, the parole
board may continue parole, with or without modifying the conditions,
or revoke the parole and order the parolee imprisoned on either a
continuous or intermittent basis. If, however, the violation is the
commission of a new:
(1) Level 1 felony or Level 2 felony, the parole board shall revoke
the parole and order continuous imprisonment; or
(2) Level 3 felony, Level 4 felony, Level 5 felony, or Level 6
felony, the parole board may revoke the parole and order
continuous imprisonment.
(d) The parolee shall be provided with a written statement of the
reasons for the action taken under subsection (c).
(e) Unless good cause for the delay is established in the record of
the proceeding, the parole revocation charge shall be dismissed if the
revocation hearing is not held within the time established by subsection
(a).
(f) A parolee may admit to a violation of parole and waive the right
to a parole revocation hearing if the parole officer notifies the parolee
of the alleged violation in writing and provides notice of the parole
revocation hearing before the parole revocation hearing. If the parolee:
(1) admits to a violation and requests to waive the parole
revocation hearing, the parole officer shall advise the person that
by waiving the right to a parole revocation hearing, the person
forfeits the rights provided under section 9(a) of this chapter; and
(2) waives the right to a parole revocation hearing, the person can
be subjected only to sanctions that have been approved under IC 11-9-1-2.
As added by Acts 1979, P.L.120, SEC.6. Amended by
P.L.128-1985, SEC.2; P.L.179-2014, SEC.3.