Sec. 7. (a) If the department believes that a parolee has violated a condition of his parole, it may initiate parole revocation proceedings by:

(1) issuing an order for the parolee to appear for a revocation hearing on the alleged violation; or

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Terms Used In Indiana Code 11-13-6-7

  • Arrest: Taking physical custody of a person by lawful authority.
  • 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.
  • 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.
  • 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) issuing a warrant for the arrest and confinement of the parolee pending a preliminary hearing if there is a risk of his fleeing or being removed from the jurisdiction.

     (b) When the department issues an order under subsection (a)(1) for the parolee to appear for a revocation hearing, the parolee and his parent, guardian, or custodian shall be given written notice of:

(1) the date, time, and place of the hearing;

(2) the parole condition alleged to have been violated;

(3) the procedures and rights applicable to such hearing; and

(4) the possible sanctions if a violation is found.

     (c) When the department issues a warrant under subsection (a)(2) of this section for the arrest and confinement of the parolee pending a preliminary hearing, the parolee and his parent, guardian, or custodian shall be given written notice of:

(1) the date, time, and place of the hearing;

(2) the parole condition alleged to have been violated;

(3) the procedures and rights applicable to that hearing;

(4) if probable cause is found to exist, his right to a revocation hearing and the procedures and rights applicable to that hearing; and

(5) the possible sanctions if a violation is found.

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

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