77-27-27 - Retaking or reincarceration for parole or probation violations -- Hearing and notice to sending state -- Detention of parolee or probationer.
77-27-27. Retaking or reincarceration for parole or probation violations -- Hearingand notice to sending state -- Detention of parolee or probationer.
Where supervision of a parolee or probationer is being administered pursuant to theinterstate compact for the supervision of parolees and probationers, the appropriate judicial oradministrative authorities in this state shall notify the compact administrator of the sending statewhenever, in their view, consideration should be given to retaking or reincarceration for a paroleor probation violation. Prior to the giving of any such notification, a hearing shall be held inaccordance with this act within a reasonable time, unless such hearing is waived by the parolee orprobationer. The appropriate officer or officers of this state shall as soon as practicable, followingtermination of any hearing, report to the sending state, furnish a copy of the hearing record, andmake recommendations regarding the disposition to be made of the parolee or probationer by thesending state. Pending any proceeding pursuant to this section, the appropriate officers of thisstate may take custody of and detain the parolee or probationer involved for a period not toexceed 15 days prior to the hearing and, if it appears to the hearing officer or officers thatretaking or reincarceration is likely to follow, for such reasonable period after the hearing orwaiver as may be necessary to arrange for the retaking or reincarceration.
Enacted by Chapter 15, 1980 General Session