§ 12-65-02 — Custody and detention of offender for violation of terms and conditions of compact supervision - Hearing and waiver - Report to sending state

North Dakota § 12-65-02

• Jurisdiction: North Dakota
• Title 12: Corrections, Parole, and Probation
• Ch. 12-65: Interstate Compact for Adult Offender Supervision

Text

compact supervision - Hearing and waiver - Report to sending state.
1. Whenever it is alleged that an offender under compact supervision by the state has
violated any terms and conditions of supervision under the compact for the supervision
of adult offenders, the compact administrator may issue a warrant to take the offender
into custody and detain the offender and request that the sending state retake the
offender. The warrant must be entered into the national crime information center file
with nationwide extradition and no bond amount. If there is probable cause to believe
an offender has violated any of the terms or conditions of supervision under the
compact for the supervision of adult offenders, a parole and probation officer or any
peace officer directed by a parole and probation officer shall take the offender into
custody and detain the offender in a correctional facility pending application for a
warrant of arrest and authority to detain. The offender may not be released on bail
pending the probable cause hearing under this chapter. The offender is entitled to a
hearing to be held in accordance with this chapter within a reasonable time after being
taken into custody to determine whether there is probable cause to find that the
offender violated any of the terms and conditions of parole or probation while under
compact supervision. The offender may waive the hearing and admit there is probable
cause to find that the offender violated any of the terms and conditions of parole or
probation while under compact supervision. As soon as practical after the hearing or
waiver of the hearing, the compact administrator shall furnish a copy of the hearing
record and make a report to the sending state with findings of fact regarding the
violations of the terms and conditions of parole or probation while under compact
supervision and shall make recommendations regarding the disposition of the offender.
If it appears to the compact administrator that the sending state will retake the
offender, the compact administrator may detain the offender for a reasonable period
after the hearing or waiver in order for the sending state to arrange for retaking the
offender.
2. Whenever a receiving state that is supervising an offender for the state issues a
mandatory retaking of that offender, the parole board or the court with jurisdiction shall
issue a warrant. The warrant must be entered into the national crime information
center file with nationwide extradition and no bond amount. If requested by the state,
the receiving state shall establish probable cause when the offender is apprehended.