Revocation of Release - Probable Cause of Felony or Misdemeanor.

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Section 45-45-233.31

Revocation of release - Probable cause of felony or misdemeanor.

(a) A person who has been conditionally released pursuant to Section 45-45-233.28 and as to whom there is probable cause to believe he or she has committed a felony or misdemeanor while released, shall be subject to revocation of release.

(b) Proceedings for revocation of release for the ground in this section, may be initiated by any person responsible for administering this subpart giving notice to the district attorney. After the district attorney has received notice, a warrant for the arrest of a person who is charged with violating the conditions of release under this section, may by issued by any officer authorized to issue warrants, on the affidavit of the district attorney or any assistant district attorney, or on the affidavit of any person responsible for administering this subpart. The person arrested under such a warrant shall be brought before a judicial officer in the county. No order of revocation shall be entered unless, after a hearing, the judicial officer finds by clear and convincing evidence that (1) a state or federal magistrate, judge, or judicial officer or grand jury has found probable cause to believe that the person has committed a felony or misdemeanor and (2) such felony or misdemeanor was committed while the person was released under this subpart on the prior charge.

(Acts 1978, No. 488, p. 530, § 12.)


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