Indiana Administrative Code › Title 210 - DEPARTMENT OF CORRECTION › Article 5 - RELEASE AUTHORITY FOR JUVENILES › Rule 1 - Release Procedure › Section 1-4 - Community supervision revocation

Current through July 10, 2024
Authority: IC
				  11-13-6-2
Affected: IC
				  11-8-2-5; IC
				  11-13-6; IC
				  33-40-1-2
Sec. 4.
(a)
				Procedure for conducting preliminary hearings are
[sic., is]
as follows:
(1) Field staff shall submit a
				written report of the alleged community supervision violation or violations to
				the commissioner's designee when there is reasonable belief to believe the
				juvenile has violated a condition of community supervision.
(2) The commissioner's designee shall review
				the report of alleged violation or violations and determine whether or not a
				warrant should be issued. If a warrant is issued, a hearing officer shall
				conduct a preliminary hearing. The commissioner, by the authority vested in him
				or her under IC
				11-8-2-5(b), may
				delegate his or her authority to issue warrants.
(3) The hearing officer shall be impartial
				and have no involvement in the reporting or investigation of the alleged
				violation or violations.
(4) The
				hearing officer shall provide the juvenile and his or her parents, guardians,
				or custodians written notice of the following:
(A) The date, time, and place of the
				hearing.
(B) The community
				supervision condition or conditions alleged to have been violated.
(C) The procedures and rights applicable to
				that hearing.
(D) If probable cause
				is found to exist, his or her right to a revocation hearing and the procedures
				and rights applicable to that hearing.
(E) The possible sanctions if a violation is
				found.
(5) In connection
				with the preliminary hearing, the juvenile is entitled to the following:
(A) Appear and speak in his or her own
				behalf.
(B) Call witnesses and
				present documentary evidence.
(C)
				Confront and cross-examine witnesses unless the hearing officer finds that to
				do so would subject the witness to a substantial risk of harm.
(D) A written statement of the findings of
				fact and the evidence relied upon.
(6) The juvenile's parents, guardians, or
				custodians are entitled to be present at the hearing.
(7) If the hearing officer determines that
				probable cause does not exist to believe the juvenile violated a condition of
				community supervision, the charge shall be dismissed.
(8) If the hearing officer determines from
				the evidence presented that there is probable cause to believe that the
				juvenile violated a condition of community supervision, but the hearing officer
				does not believe that there is sufficient reason for return to the facility,
				the hearing officer may continue the juvenile on community supervision pending
				the community supervision revocation hearing. Any special condition imposed by
				the hearing officer as a result of continued placement on community supervision
				shall be discussed with, and approved by, the commissioner's designee, prior to
				its imposition. (9) If the hearing officer determines from the evidence
				presented that there is probable cause to believe that the juvenile violated a
				condition of his or her community supervision and the juvenile should be
				confined pending a revocation hearing, the juvenile shall be arrested on the
				department's warrant and returned to a juvenile facility pending a community
				supervision revocation hearing.
(10) In a case where the alleged violation of
				community supervision is based on a criminal conviction or a delinquency
				adjudication, the preliminary hearing need not be held.
(11) Unless good cause for the delay is
				established in the record of the preliminary hearing, the community supervision
				violation charge shall be dismissed if the preliminary hearing is not held
				within ten (10) days after the date of arrest on the department's
				warrant.