IC 11-13-5
Chapter 5. Interstate Parole and Probation Hearings
IC 11-13-5-1 Retaking or reincarceration for parole or probation violation;
notification to compact administrator of sending state
Sec. 1. Where supervision of a parolee or probationer is being
administered under IC 11-13-4 or IC 11-13-4.5, the appropriate
judicial or administrative authorities in this state shall notify the
compact administrator of the sending state whenever, in their view,
consideration should be given to retaking or reincarceration for a
parole or probation violation. Prior to the giving of the notification,
a hearing shall be held in accordance with this chapter within a
reasonable time, unless the hearing is waived by the parolee or
probationer. The appropriate officer or officers of this state shall as
soon as practicable, following termination of the hearing, 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 the probationer by the sending state. 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 to exceed fifteen (15) days prior to 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. As added by Acts 1979, P.L.120, SEC.6. Amended by P.L.2-2005,
SEC.44.
IC 11-13-5-2 Person before whom hearing may be had
Sec. 2. A hearing pursuant to this chapter may be before the
administrator of the interstate compact for the supervision of
parolees and probationers, a deputy of the administrator, or any other
person authorized pursuant to the laws of this state to hear cases of
alleged parole or probation violation, except that no hearing officer
shall be the person making the allegation of violation. As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-5-3 Parolee's or probationer's rights
Sec. 3. With respect to a hearing pursuant to this chapter the
parolee or probationer:
(1) shall have reasonable notice in writing of the nature and
content of the allegations to be made, including notice that its
purpose is to determine whether there is probable cause to
believe that he has committed a violation that may lead to a
revocation of parole or probation;
(2) shall have the right to confront and examine any persons
who have made allegations against him; and
(3) may admit, deny, or explain the violation alleged, call
witnesses, and may present proof, including affidavits and other
evidence, in support of his contentions.
A record of the proceedings shall be made and preserved. As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-5-4 Parolees and probationers being supervised in another state;
hearing before appropriate judicial or administrative officer or
agency
Sec. 4. In a case of alleged parole or probation violation by a
person being supervised in another state pursuant to the interstate
compact for the supervision of parolees and probationers, any
appropriate judicial or administrative officer or agency in another
state is authorized to hold a hearing on the alleged violation. Upon
receipt of the record of a parole or probation violation hearing held
in another state pursuant to a statute substantially similar to this
statute, the record shall have the same standing and effect as though
the proceeding of which it is a record was had before the appropriate
officer or officers in Indiana, and any recommendations contained in
or accompanying the record shall be fully considered by the
appropriate officer or officers in making disposition of the matter. As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-5
Chapter 5. Interstate Parole and Probation Hearings
IC 11-13-5-1 Retaking or reincarceration for parole or probation violation;
notification to compact administrator of sending state
Sec. 1. Where supervision of a parolee or probationer is being
administered under IC 11-13-4 or IC 11-13-4.5, the appropriate
judicial or administrative authorities in this state shall notify the
compact administrator of the sending state whenever, in their view,
consideration should be given to retaking or reincarceration for a
parole or probation violation. Prior to the giving of the notification,
a hearing shall be held in accordance with this chapter within a
reasonable time, unless the hearing is waived by the parolee or
probationer. The appropriate officer or officers of this state shall as
soon as practicable, following termination of the hearing, 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 the probationer by the sending state. 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 to exceed fifteen (15) days prior to 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. As added by Acts 1979, P.L.120, SEC.6. Amended by P.L.2-2005,
SEC.44.
IC 11-13-5-2 Person before whom hearing may be had
Sec. 2. A hearing pursuant to this chapter may be before the
administrator of the interstate compact for the supervision of
parolees and probationers, a deputy of the administrator, or any other
person authorized pursuant to the laws of this state to hear cases of
alleged parole or probation violation, except that no hearing officer
shall be the person making the allegation of violation. As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-5-3 Parolee's or probationer's rights
Sec. 3. With respect to a hearing pursuant to this chapter the
parolee or probationer:
(1) shall have reasonable notice in writing of the nature and
content of the allegations to be made, including notice that its
purpose is to determine whether there is probable cause to
believe that he has committed a violation that may lead to a
revocation of parole or probation;
(2) shall have the right to confront and examine any persons
who have made allegations against him; and
(3) may admit, deny, or explain the violation alleged, call
witnesses, and may present proof, including affidavits and other
evidence, in support of his contentions.
A record of the proceedings shall be made and preserved. As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-5-4 Parolees and probationers being supervised in another state;
hearing before appropriate judicial or administrative officer or
agency
Sec. 4. In a case of alleged parole or probation violation by a
person being supervised in another state pursuant to the interstate
compact for the supervision of parolees and probationers, any
appropriate judicial or administrative officer or agency in another
state is authorized to hold a hearing on the alleged violation. Upon
receipt of the record of a parole or probation violation hearing held
in another state pursuant to a statute substantially similar to this
statute, the record shall have the same standing and effect as though
the proceeding of which it is a record was had before the appropriate
officer or officers in Indiana, and any recommendations contained in
or accompanying the record shall be fully considered by the
appropriate officer or officers in making disposition of the matter. As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-5
Chapter 5. Interstate Parole and Probation Hearings
IC 11-13-5-1 Retaking or reincarceration for parole or probation violation;
notification to compact administrator of sending state
Sec. 1. Where supervision of a parolee or probationer is being
administered under IC 11-13-4 or IC 11-13-4.5, the appropriate
judicial or administrative authorities in this state shall notify the
compact administrator of the sending state whenever, in their view,
consideration should be given to retaking or reincarceration for a
parole or probation violation. Prior to the giving of the notification,
a hearing shall be held in accordance with this chapter within a
reasonable time, unless the hearing is waived by the parolee or
probationer. The appropriate officer or officers of this state shall as
soon as practicable, following termination of the hearing, 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 the probationer by the sending state. 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 to exceed fifteen (15) days prior to 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. As added by Acts 1979, P.L.120, SEC.6. Amended by P.L.2-2005,
SEC.44.
IC 11-13-5-2 Person before whom hearing may be had
Sec. 2. A hearing pursuant to this chapter may be before the
administrator of the interstate compact for the supervision of
parolees and probationers, a deputy of the administrator, or any other
person authorized pursuant to the laws of this state to hear cases of
alleged parole or probation violation, except that no hearing officer
shall be the person making the allegation of violation. As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-5-3 Parolee's or probationer's rights
Sec. 3. With respect to a hearing pursuant to this chapter the
parolee or probationer:
(1) shall have reasonable notice in writing of the nature and
content of the allegations to be made, including notice that its
purpose is to determine whether there is probable cause to
believe that he has committed a violation that may lead to a
revocation of parole or probation;
(2) shall have the right to confront and examine any persons
who have made allegations against him; and
(3) may admit, deny, or explain the violation alleged, call
witnesses, and may present proof, including affidavits and other
evidence, in support of his contentions.
A record of the proceedings shall be made and preserved. As added by Acts 1979, P.L.120, SEC.6.
IC 11-13-5-4 Parolees and probationers being supervised in another state;
hearing before appropriate judicial or administrative officer or
agency
Sec. 4. In a case of alleged parole or probation violation by a
person being supervised in another state pursuant to the interstate
compact for the supervision of parolees and probationers, any
appropriate judicial or administrative officer or agency in another
state is authorized to hold a hearing on the alleged violation. Upon
receipt of the record of a parole or probation violation hearing held
in another state pursuant to a statute substantially similar to this
statute, the record shall have the same standing and effect as though
the proceeding of which it is a record was had before the appropriate
officer or officers in Indiana, and any recommendations contained in
or accompanying the record shall be fully considered by the
appropriate officer or officers in making disposition of the matter. As added by Acts 1979, P.L.120, SEC.6.
