Rule R671-510. Evidence for Issuance of Warrants.

As in effect on August 1, 2009

Table of Contents

• R671-510-1. Evidence for Issuance of Warrants.
• R671-510-2. Warrant Request.
• R671-510-3. Background Information.
• R671-510-4. Update Information.
• KEY
• Date of Enactment or Last Substantive Amendment
• Notice of Continuation
• Authorizing, Implemented, or Interpreted Law

R671-510-1. Evidence for Issuance of Warrants.

Warrants shall be issued only upon a showing that there is probable cause to believe that a parole violation has occurred.

A certified Warrant Request shall be submitted by the parole agent setting forth reasons to believe that the named parolee committed specific parole violations. The request may be accompanied by supporting documentation such as police reports, incident reports, and judgment and commitment orders. Upon approval of the request by the Board, a Warrant of Arrest shall be issued to arrest, detain, and return to actual custody the parolee named therein.

R671-510-2. Warrant Request.

Warrant requests shall include:

a. the name of the parolee, offender number, and date of birth;

b. the nature of the allegations that justify possible revocation of parole;

c. the elements substantiating probable cause for each allegation which should include how, when, where, and what occurred;

d. the condition of the parole agreement that the parolee is alleged to have violated, along with the date and location where the violation occurred;

e. the legible name, signature, and telephone number of the parole officer and supervisor;

f. the fax cover sheet will include the phone number or numbers where the reporting agent can be contacted if needed.

R671-510-3. Background Information.

The agent will also give the Board background information about the parolee, including overall status, adjustment to parole, and any other information requested in the warrant request form, which the Board shall promulgate. The background information shall accompany the warrant request if it can be completed in time. If it cannot be completed by the time the warrant is submitted, the agent shall send it to the Board, and the parolee, within seven (7) days after issuance of the warrant.

R671-510-4. Update Information.

Once the parolee is detained on the Board warrant, the agent will track the case and notify the Board of updates. No less than seven (7) days prior to the hearing, the agent will send to the Board all updated allegations and recommendations and any other information needed to ensure that full information regarding allegations and general parole performance is in the file prior to the hearing. The agent will also serve updated allegations and disclose general information to the incarcerated parolee no less than seven (7) days prior to the parole violation hearing.

At its discretion, the Board may dismiss the allegation(s) if the update information is not received in a timely manner.

KEY

warrants, parole, probable cause

Date of Enactment or Last Substantive Amendment

October 13, 2008

Notice of Continuation

July 3, 2008

Authorizing, Implemented, or Interpreted Law

77-27-11