Indiana Code 11-13-3-10. Parole revocation hearing
(1) A parolee who is confined due to an alleged violation of parole shall be afforded a parole revocation hearing within sixty (60) days after the parolee is made available to the department by a jail or state correctional facility, if:
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 1 felony | between 20 and 40 years | up to $10,000 |
| Level 2 felony | between 10 and 30 years | up to $10,000 |
| Level 3 felony | between 3 and 16 years | up to $10,000 |
| Level 4 felony | between 2 and 12 years | up to $10,000 |
| Level 5 felony | between 1 and 6 years | up to $10,000 |
| Level 6 felony | between 6 mos. and 2 1/2 years | up to $10,000 |
Terms Used In Indiana Code 11-13-3-10
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(B) there has been a final resolution of any other detainers filed by any other jurisdiction against the parolee.
(2) A parolee who is not confined and against whom is pending a charge of parole violation shall be afforded a parole revocation hearing within one hundred eighty (180) days after the earlier of:
(A) the date an order was issued for the parolee’s appearance at a parole revocation hearing; or
(B) the date of the parolee’s arrest on the parole violation warrant.
The revocation hearing shall be conducted by at least one (1) member of the parole board, and the purpose of the hearing is to determine whether a violation of a condition to remaining on parole has occurred and, if so, the appropriate action. In connection with the hearing, the parolee is entitled to those procedural safeguards enumerated in section 9(a) of this chapter. The parolee may offer evidence in mitigation of the alleged violation.
(b) If it is determined from the evidence presented that the parolee did not commit a parole violation, the charge shall be dismissed.
(c) If it is determined that the parolee did violate parole, the parole board may continue parole, with or without modifying the conditions, or revoke the parole and order the parolee imprisoned on either a continuous or intermittent basis. If, however, the violation is the commission of a new:
(1) Level 1 felony or Level 2 felony, the parole board shall revoke the parole and order continuous imprisonment; or
(2) Level 3 felony, Level 4 felony, Level 5 felony, or Level 6 felony, the parole board may revoke the parole and order continuous imprisonment.
(d) The parolee shall be provided with a written statement of the reasons for the action taken under subsection (c).
(e) Unless good cause for the delay is established in the record of the proceeding, the parole revocation charge shall be dismissed if the revocation hearing is not held within the time established by subsection (a).
(f) A parolee may admit to a violation of parole and waive the right to a parole revocation hearing if the parole officer notifies the parolee of the alleged violation in writing and provides notice of the parole revocation hearing before the parole revocation hearing. If the parolee:
(1) admits to a violation and requests to waive the parole revocation hearing, the parole officer shall advise the person that by waiving the right to a parole revocation hearing, the person forfeits the rights provided under section 9(a) of this chapter; and
(2) waives the right to a parole revocation hearing, the person can be subjected only to sanctions that have been approved under IC 11-9-1-2.
As added by Acts 1979, P.L.120, SEC.6. Amended by P.L.128-1985, SEC.2; P.L.179-2014, SEC.3.