Rule R671-513. Expedited Determination on Parolee Challenge to Probable Cause.

As in effect on August 1, 2009

Table of Contents

• R671-513-1. Expedited Determination on Parolee Challenge to Probable Cause.
• R671-513-2. Review of Evidence.
• KEY
• Date of Enactment or Last Substantive Amendment
• Notice of Continuation
• Authorizing, Implemented, or Interpreted Law

R671-513-1. Expedited Determination on Parolee Challenge to Probable Cause.

Within seven (7) days of arrest and detention on the warrant, if the parolee wishes to challenge the probable cause determination, the parolee shall submit evidence to substantiate the challenge. At least one member of the Board shall review all the evidence in support of the allegations as well as the parolee's submissions in dispute of the allegations and decide whether probable cause continues to exist. The parolee also shall inform the Board and the parole agent in writing if any evidence needs to be preserved from the locale in which the violation was committed. The writing shall be sufficiently detailed so that the parole agent can easily find the evidence to be preserved.

R671-513-2. Review of Evidence.

Review of the parolee's evidence shall occur no later than 5 days after the parolee has submitted it. If the Board member decides that the probable cause determination was incorrect, the case shall be routed to a majority of the Board for deliberation. If a majority of the Board believes the parolee's evidence negates the finding of probable cause, the warrant shall be withdrawn and the parolee released back on parole. Time spent incarcerated counts toward service of the parole term.

KEY

parole, warrant, hearing

Date of Enactment or Last Substantive Amendment

January 1, 1999

Notice of Continuation

August 14, 2008

Authorizing, Implemented, or Interpreted Law

77-27-11; 77-27-27; 77-27-28; 77-27-29; 77-27-30