64-13-29. Violation of parole or probation -- Detention -- Hearing.
(1) The department shall ensure that the court is notified of violations of the terms and
conditions of probation in the case of probationers under the department's supervision, or the
Board of Pardons and Parole in the case of parolees under the department's supervision. In cases
where the department desires to detain an offender alleged to have violated his parole or
probation and where it is unlikely that the Board of Pardons and Parole or court will conduct a
hearing within a reasonable time to determine if the offender has violated his conditions of parole
or probation, the department shall hold an administrative hearing within a reasonable time, unless
the hearing is waived by the parolee or probationer, to determine if there is probable cause to
believe that a violation has occurred. If there is a conviction for a crime based on the same
charges as the probation or parole violation, or a finding by a federal or state court that there is
probable cause to believe that an offender has committed a crime based on the same charges as
the probation or parole violation, the department need not hold its administrative hearing.
(2) The appropriate officer or officers of the department shall, as soon as practical
following the department's administrative hearing, report to the court or the Board of Pardons and
Parole, furnishing a summary of the hearing, and may make recommendations regarding the
disposition to be made of the parolee or probationer. Pending any proceeding under this section,
the department may take custody of and detain the parolee or probationer involved for a period
not to exceed 72 hours excluding weekends and holidays.
(3) If the hearing officer determines that there is probable cause to believe that the
offender has violated the conditions of his parole or probation, the department may detain the
offender for a reasonable period of time after the hearing or waiver, as necessary to arrange for
the incarceration of the offender. Written order of the department is sufficient authorization for
any peace officer to incarcerate the offender. The department may promulgate rules for the
implementation of this section.
Amended by Chapter 13, 1994 General Session
Download Code Section Zipped WordPerfect 64_13_002900.ZIP 2,501 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Wednesday, October 08, 2008