Parole or probation violation; retaking; notice; hearing; custody pending hearing

Checkout our iOS App for a better way to browser and research.

31-467.01. Parole or probation violation; retaking; notice; hearing; custody pending hearing

A. If supervision of a parolee or probationer is being administered pursuant to the interstate compact for the supervision of adult offenders, the appropriate judicial or administrative authorities in this state shall notify the compact administrator of the sending state if, in their view, consideration should be given to retaking or reincarceration for a parole or probation violation.

B. Before giving any notification pursuant to subsection A, a hearing shall be held pursuant to this article within a reasonable time, unless the hearing is waived by the parolee or probationer. The appropriate officer or officers of this state, as soon as practicable following termination of the hearing, shall report to the sending state, furnish a copy of the hearing record, and make recommendations regarding the disposition to be made of the parolee or probationer by the sending state.

C. Pending any proceeding pursuant to this section, the appropriate officers of this state may take custody of and detain the parolee or probationer involved for a period not more than fifteen days before the hearing and, if it appears to the hearing officer or officers that retaking or reincarceration is likely to follow, for such reasonable period after the hearing or waiver as may be necessary to arrange for the retaking or reincarceration.


Download our app to see the most-to-date content.