Indiana § 11-13-3-8 - Violation of parole; procedures

§ 11-13-3-8. Violation of parole; procedures

Sec. 8. (a) If an employee of the department assigned to supervise and assist parolees believes that a parolee has violated a condition to remaining on parole, he may submit a written report of the violation to the parole board. After considering the report and making any further investigation it considers appropriate, the parole board may:

(1) dismiss all further proceedings on the alleged violation;

(2) instruct the employee to handle the matter informally;

(3) request the parolee to meet informally with the parole board to review his parole obligations; or

(4) intensify parole supervision and reporting.

(b) Upon a showing of probable cause to believe the parolee violated a condition to remaining on parole, the chairman (or a member of the parole board designated by the chairman to act in the absence of the chairman) may issue an order for the parolee to appear for a revocation hearing on the alleged violation.

(c) Upon a showing of probable cause to believe the parolee violated a condition to remaining on parole, the chairman (or a member of the parole board designated by the chairman to act in the absence of the chairman) may issue a warrant for the arrest and confinement of the parolee pending a preliminary hearing. An employee of the department or any person authorized to execute warrants may execute the warrant.

(d) Upon a showing of probable cause to believe that an alleged parole violator has fled the state, the chairman (or a member of the parole board who is designated by the chairman to act in the absence of the chairman) may:

(1) issue a warrant for the arrest and confinement of the parolee; and

(2) order that the parolee be returned to the state;

to ensure the appearance of the parolee at a parole revocation hearing.

(e) If the parole board issues an order, under subsection (b), for the parolee to appear for a revocation hearing, the parolee shall be given written notice of:

(1) the date, time, and place of the hearing;

(2) the condition alleged to have been violated;

(3) the procedures and rights applicable to that hearing; and

(4) the possible sanctions if a violation is found.

(f) If the parole board issues a warrant, under subsection (c), for the arrest and confinement of the parolee pending a preliminary hearing, the parolee shall be given written notice of:

(1) the date, time, and place of the hearing;

(2) the condition alleged to have been violated;

(3) the procedures and rights applicable to the hearing;

(4) his right to a revocation hearing and the procedures and rights applicable to that hearing if probable cause is found to exist; and

(5) the possible sanctions if a violation is found at a revocation hearing.

(g) The issuance of an order to appear or arrest warrant under this section tolls the period of parole until the parole board's final determination of the charge. However, the tolled period shall be restored if there is a finding of no violation, if a finding of a violation is later overturned, or if the parole violation charge is dismissed.

As added by Acts 1979, P.L.120, SEC.6. Amended by P.L.151-1987, SEC.2.