Tennessee § 40-28-120 - [Reserved.]

§ 40-28-120. [Reserved.]

Upon the issuance of a warrant under § 40-28-607, any officer authorized to serve criminal process, or any peace officer to whom a warrant is delivered, shall execute the warrant by taking the prisoner and returning the prisoner to a prison, workhouse or jail to be held to await the action of the board. Upon the arrest of a parolee pursuant to subsection (a), unless waived in writing, a preliminary hearing shall be conducted to determine whether probable cause exists to believe that the parolee has violated the conditions of parole in an important respect. Indictment by a grand jury or a finding of probable cause or a waiver of a probable cause hearing or a conviction in any federal or state court of competent jurisdiction for any felony or misdemeanor committed after parole shall constitute “probable cause” and no further proof shall be necessary at the preliminary hearing. If a parole revocation hearing is held within fourteen (14) days of the service of the warrant, a preliminary hearing will not be necessary. Written notice of the violations alleged and the time, place and purpose of the hearing shall be given the parolee a reasonable time before the hearing. The preliminary hearing shall be conducted by a hearing officer, appointed by the chair of the board. Acts 1937, ch. 276, § 11; 1949, ch. 18, § 1; C. Supp. 1950, § 11818.11 (Williams, § 11843.11); Acts 1974, ch. 624, § 8; 1978, ch. 659, § 1; 1978, ch. 929, § 4; 1979, ch. 359, § 22; T.C.A. (orig. ed.), § 40-3618; Acts 1989, ch. 227, § 40; 2012, ch. 727, § 28. Compiler's Notes. For the preamble to the act concerning transfers of certain functions relating to probation and parole services and the community correction grant program from the board of probation and parole to the department of correction, please refer to Acts 2012, ch. 727. Acts 2012, ch. 727, § 63 provided that the implementation of the act, which amended this section, shall be fully accomplished on or before January 1, 2013. Cross-References. Charges assessed against inmates for services provided them, deduction from inmate's trust fund account, § 41-21-237 . Collecting from inmate trust fund account, § 40-25-143 . Counsel for indigent persons in parole revocation proceedings, Tenn. R. Sup. Ct. 16. Hearings on parole violations, appointment of counsel for indigents, § 40-28-122 . Payment for transporting prisoners, § 40-25-111 . Sheriffs powers and duties of office, § 8-8-201 . Textbooks. Tennessee Jurisprudence, 20 Tenn. Juris., Pardon and Parole, § 8.