§ 11-13-6-8 — Probable cause hearing

Indiana § 11-13-6-8

• Jurisdiction: Indiana
• Art. 13: PROBATION AND PAROLE
• Ch. 6: Parole and Discharge of Delinquent Offenders

Text

(a) Upon the arrest and confinement of a
parolee for an alleged violation of a condition of parole, a person other
than the one 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. In connection with the hearing the parolee is entitled to:
(1) appear and speak in his own behalf;
(2) call witnesses and present documentary 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) have a written statement of the findings of fact and the
evidence relied upon.
(b) The parolee's parent, guardian, or custodian is entitled to be
present at the hearing.
(c) If it is determined there is not probable cause to believe the
parolee violated a condition of his parole, the charge shall be
dismissed.
(d) If it is determined from the evidence presented that there is
probable cause to believe the parolee violated a condition of his parole,
confinement of the parolee may be continued pending a parole
revocation hearing.
(e) In a case where the alleged violation of parole is based on a
criminal conviction or a delinquency adjudication, the preliminary
hearing required by this section need not be held.
(f) 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 date of the
arrest.
As added by Acts 1979, P.L.120, SEC.6.