Section 24-16-1.1 - Control by supervising agent pending issuance of arrest warrant--Hearing--Report tosending state--Issuance of detainer. - South-dakota Statutes

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24-16-1.1. Control by supervising agent pending issuance of arrest warrant--Hearing--Report to sending state--Issuance of detainer. If a parolee or probationer is being supervised pursuant to the provisions of § 24-16-1 and the supervising agent determines the purposes or objects of parole or probation are not being served, the supervising agent may use any necessary means to establish discipline, arrest, or take custody and control of the parolee or probationer pending the issuance of a warrant of arrest by the sending state. If the supervising agent has occasion to detain a parolee or probationer pursuant to § 24-16-1, a hearing shall be held within ten working days of arrest before an independent hearing officer to determine if there is probable cause to believe the parolee or probationer has violated the terms and conditions of his parole or probation. The hearing officer shall, as soon as practical, following completion of such hearing submit a report to the sending state. Such report shall include a copy of the hearing record and the hearing officer's recommendation regarding disposition to be made of the parolee or probationer. If the hearing officer concludes that a violation of conditions of supervision exist and that retaking by the sending state is in order, the compact administrator may issue a detainer authorizing that the parolee or probationer be held for a reasonable period, as may be necessary, pending either the issuance of a warrant and retaking by the sending state, or receiving notice from the sending state of any other disposition.

Source: SL 1986, ch 211, § 1; SL 1988, ch 201.

State Codes and Statutes

Statutes > South-dakota > Title-24 > Chapter-16 > Statute-24-16-1-1

24-16-1.1. Control by supervising agent pending issuance of arrest warrant--Hearing--Report to sending state--Issuance of detainer. If a parolee or probationer is being supervised pursuant to the provisions of § 24-16-1 and the supervising agent determines the purposes or objects of parole or probation are not being served, the supervising agent may use any necessary means to establish discipline, arrest, or take custody and control of the parolee or probationer pending the issuance of a warrant of arrest by the sending state. If the supervising agent has occasion to detain a parolee or probationer pursuant to § 24-16-1, a hearing shall be held within ten working days of arrest before an independent hearing officer to determine if there is probable cause to believe the parolee or probationer has violated the terms and conditions of his parole or probation. The hearing officer shall, as soon as practical, following completion of such hearing submit a report to the sending state. Such report shall include a copy of the hearing record and the hearing officer's recommendation regarding disposition to be made of the parolee or probationer. If the hearing officer concludes that a violation of conditions of supervision exist and that retaking by the sending state is in order, the compact administrator may issue a detainer authorizing that the parolee or probationer be held for a reasonable period, as may be necessary, pending either the issuance of a warrant and retaking by the sending state, or receiving notice from the sending state of any other disposition.

Source: SL 1986, ch 211, § 1; SL 1988, ch 201.

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State Codes and Statutes

Statutes > South-dakota > Title-24 > Chapter-16 > Statute-24-16-1-1

24-16-1.1. Control by supervising agent pending issuance of arrest warrant--Hearing--Report to sending state--Issuance of detainer. If a parolee or probationer is being supervised pursuant to the provisions of § 24-16-1 and the supervising agent determines the purposes or objects of parole or probation are not being served, the supervising agent may use any necessary means to establish discipline, arrest, or take custody and control of the parolee or probationer pending the issuance of a warrant of arrest by the sending state. If the supervising agent has occasion to detain a parolee or probationer pursuant to § 24-16-1, a hearing shall be held within ten working days of arrest before an independent hearing officer to determine if there is probable cause to believe the parolee or probationer has violated the terms and conditions of his parole or probation. The hearing officer shall, as soon as practical, following completion of such hearing submit a report to the sending state. Such report shall include a copy of the hearing record and the hearing officer's recommendation regarding disposition to be made of the parolee or probationer. If the hearing officer concludes that a violation of conditions of supervision exist and that retaking by the sending state is in order, the compact administrator may issue a detainer authorizing that the parolee or probationer be held for a reasonable period, as may be necessary, pending either the issuance of a warrant and retaking by the sending state, or receiving notice from the sending state of any other disposition.

Source: SL 1986, ch 211, § 1; SL 1988, ch 201.