Sec. 8. (a) Upon the arrest and confinement of a parolee for an alleged violation of a condition of parole, a person other than the one who reported or investigated the alleged violation or who recommended revocation shall hold a preliminary hearing to determine whether there is probable cause to believe a violation of a condition has occurred. In connection with the hearing the parolee is entitled to:

(1) appear and speak in his own behalf;

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Terms Used In Indiana Code 11-13-6-8

  • Arrest: Taking physical custody of a person by lawful authority.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
(2) call witnesses and present documentary evidence;

(3) confront and cross-examine witnesses, unless the person conducting the hearing finds that to do so would subject the witness to a substantial risk of harm; and

(4) have a written statement of the findings of fact and the evidence relied upon.

     (b) The parolee’s parent, guardian, or custodian is entitled to be present at the hearing.

     (c) If it is determined there is not probable cause to believe the parolee violated a condition of his parole, the charge shall be dismissed.

     (d) If it is determined from the evidence presented that there is probable cause to believe the parolee violated a condition of his parole, confinement of the parolee may be continued pending a parole revocation hearing.

     (e) In a case where the alleged violation of parole is based on a criminal conviction or a delinquency adjudication, the preliminary hearing required by this section need not be held.

     (f) Unless good cause for the delay is established in the record of the proceeding, the parole revocation charge shall be dismissed if the preliminary hearing is not held within ten (10) days after the date of the arrest.

As added by Acts 1979, P.L.120, SEC.6.

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