§ 11-13-3-9 — Preliminary hearing

Indiana § 11-13-3-9

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

Text

(a) Upon the arrest and confinement of a
parolee for an alleged violation of a condition to remaining on parole,
an employee of the department (other than the employee who reported
or investigated the alleged violation or who recommended revocation)
shall hold a preliminary hearing to determine whether there is probable
cause to believe a violation of a condition has occurred. The hearing
shall be held without unneccessary delay. In connection with the
hearing, the parolee is entitled to:
(1) appear and speak in his own behalf;
(2) call witnesses and present evidence;
(3) confront and cross-examine witnesses, unless the person
conducting the hearing finds that to do so would subject the
witness to a substantial risk of harm; and
(4) a written statement of the findings of fact and the evidence
relied upon.
(b) If it is determined there is not probable cause to believe the
parolee violated a condition to remaining on parole, the charge shall be
dismissed.
(c) If it is determined from the evidence presented that there is
probable cause to believe the parolee violated a condition to remaining
on parole, confinement of the parolee may be continued pending a
parole revocation hearing.
(d) If the alleged violation of parole is the parolee's conviction of a
crime while on parole, the preliminary hearing required by this section
need not be held.
(e) Unless good cause for the delay is established in the record of
the proceeding, the parole revocation charge shall be dismissed if the
preliminary hearing is not held within ten (10) days after the arrest.
(f) A parolee may waive his right to a preliminary hearing.
As added by Acts 1979, P.L.120, SEC.6.