Report of Violation of Parole — Declaration of Delinquency
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If the probation and parole officer having charge of a paroled prisoner has reasonable cause to believe that the prisoner has violated the conditions of parole in an important respect, the officer shall report the facts to the director of probation and parole. The director or the director's designee shall review the reports and may issue a warrant for the retaking of the prisoner if the director or the director's designee agrees that parole may have been violated in an important respect. The governor shall have the power to issue requisition for the person if the person has departed from the state.
Whenever there is reasonable cause to believe that a parolee has violated parole and a parole violation warrant has been issued, the director of probation and parole may declare the parolee to be delinquent and the parolee will stop earning credit for service of the parolee's sentence from the date the warrant was issued until the removal of delinquency by the board.
Section 40-28-122(f) shall apply if:
A paroled prisoner's probation and parole officer believes that the prisoner has violated the conditions of parole in an important respect based solely on the paroled prisoner being arrested on new criminal charges while on parole;
The director or the director's designee agrees that the paroled prisoner violated parole solely by being arrested for a new criminal charge and a warrant for the retaking of the paroled prisoner is issued; and
The paroled prisoner is arrested and incarcerated pending or following a parole revocation or rescission hearing.