New Hampshire § 504-A:4 Violation of the Terms of Probation or Parole

New Hampshire Statutes

§ 504-A:4 — Violation of the Terms of Probation or Parole

New Hampshire·Title LI COURTS·Ch. 504-A PROBATIONERS AND PAROLEES

I.Any probationer or parolee may be arrested without warrant at any time by any probation or parole officer, or any other officer authorized to arrest upon request of a probation or parole officer, when the probation or parole officer has reason to believe that the probationer or parolee has committed a new criminal offense or is conducting himself in such a way as to be a menace to public safety, or there is probable cause to believe that the probationer or parolee will abscond or commit new criminal offenses if not arrested.

II.When a parolee violates the conditions of his parole but does not meet the criteria for immediate arrest, a probation or parole officer with knowledge of the circumstances of the parole violation shall report the facts surrounding the violation to any member of

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I. Any probationer or parolee may be arrested without warrant at any time by any probation or parole officer, or any other officer authorized to arrest upon request of a probation or parole officer, when the probation or parole officer has reason to believe that the probationer or parolee has committed a new criminal offense or is conducting himself in such a way as to be a menace to public safety, or there is probable cause to believe that the probationer or parolee will abscond or commit new criminal offenses if not arrested.
II. When a parolee violates the conditions of his parole but does not meet the criteria for immediate arrest, a probation or parole officer with knowledge of the circumstances of the parole violation shall report the facts surrounding the violation to any member of the parole board who may issue a warrant for the arrest of the parolee.
III. A probation or parole officer may require any probationer, whose sentence includes a provision for jail sanctions pursuant to RSA 651:2, V(i), to serve a county house of corrections sanction one to 7 days, provided that the probationer is advised of and waives his or her right to counsel and to a preliminary hearing under RSA 504-A:5 and violation of probation hearing. If the probation officer intends to impose this sanction, the officer shall advise the offender of the violations alleged, the date or dates of the violation, and the number of days the offender shall serve. If the offender objects to the imposition of the jail sanction, a violation of probation hearing shall be held. This short jail stay may not be issued for any violation of probation which could warrant an additional, separate felony charge. In the event that a probationer commits a fifth violation of probation after having been incarcerated under this section on 4 separate occasions during the term of probation, the probation/parole officer shall file a violation of probation with the court.

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