Fifth Judicial District - Department of Correctional Services

DISTRICT POLICIES

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TITLE: Parole Revocation Hearing

POLICY

When it is determined by the supervising officer that the offender has violated the terms of supervision to the extent that a probable cause hearing should be requested, or if the officer has received information that the offender is a threat to the community or an individual, a warrant shall be requested.

Revocation is initiated with the Preliminary Parole Violation Information (PPVI) and Report of Violations, which is completed with supervisory approval and presented to the District Judge. The District Judge will determine if probable cause exists from the evidence presented to him/her by the supervising officer. A Report of Violations shall include the officer's recommendation and justification for the resolution of the violation(s). In some cases, the officer and supervisor may choose only to file a Report of Violations for informational purposes only and recommend that the offender be continued on parole with modified conditions.

Probable cause hearing and the revocation hearing is interchangeable in this policy.

PROCEDURE

  1. When an offender is believed to be in violation of the terms and conditions of his/her parole, the officer and Supervisor shall review the case. Decisions will be made on reporting the violation to the Iowa Board of Parole (IBOP), if detention is needed, and what recommendation will be made. These decisions must have supervisory approval prior to submitting the PPVI to the Court and the Report of Violations to the IBOP.
  2. When a PPVI is submitted to the Court, the District Judge will determine if probable cause exists from evidence presented to him/her by the supervising officer in the submitted PPVI. The PPVI shall include a brief narrative for the Judge to determine if probable cause exists. Once the PPVI is approved by the Court, the supervising officer shall complete the Report of Violations and forward it to the IBOP within ten (10) days.
  3. All offenders taken into custody within the Fifth Judicial District or extradited back to the District will have their initial appearance before a presiding District Judge within 24 hours of their arrest or return to the District.
  4. The offender will be notified of the violations in the following manner:
    1. If a Report of Violations is to be made and no hearing is requested. (informational purposes only), a Report of Violations shall be completed and filed with the Iowa Board of Parole, indicating that the parolee should be continued on parole. This recommendation may be used when the violations are not serious enough to warrant revocation. If this recommendation is made, include the newly imposed conditions addressing the violations. The Report of Violations shall be personally delivered and explained to the parolee to ensure his/her knowledge of it and allow him/her an opportunity to admit the violation. The review of the report with the parolee shall be documented in Generic Notes. If the IBOP disagrees, a notice of hearing date and time will be sent from the IBOP.
    2. If proceeding without a warrant, only a hearing order is deemed necessary.
      1. A Preliminary Parole Violation Information (PPVI) shall be completed, except for the section on bail/ bond, and submitted to a District Judge in the county of authority. The Court shall be informed that an attorney may need to be appointed and that arrest is not deemed necessary due to the offender not posing a serious threat to the community.
      2. The supervising officer will file the PPVI with the Clerk of Court in the county of authority.
      3. The supervising officer shall arrange a probable cause hearing with the IBOP by forwarding the PPVI and Report of Violations.
      4. The supervising officer will provide the offender with the Hearing Order and Report of Violations.
      5. IBOP will set the probable cause hearing within 14 days of notice of the Report of Violations.
      6. Should the parolee fail to appear at the hearing, another PPVI and warrant shall be filed, seeking the arrest of the offender.
    3. When an offender is already in custody with new pending charges (only) within the county of authority.
      1. A PPVI is completed and presented to the Court at which time bond is set.
      2. The PPVI is filed with the Clerk of Court in the county of authority and a copy is delivered to the detaining agency.
      3. The offender will have his/her initial appearance before a District Judge within 24 hours of the Court's receipt of the PPVI.
      4. The supervising officer will complete a Report of Violations and arrange a probable cause hearing with the IBOP by forwarding the PPVI and Report of Violation to the IBOP within 10 days after the filing of the PPVI.
      5. IBOP will set the probable cause hearing within 14 days after receiving the Report of Violations.
      6. The supervising officer may indicate delayed action on the front page of the Report of Violations until the disposition of the new pending charges. When the new charges are disposed of, Court personnel will complete a transport order transporting the offender to the Iowa Medical Classification Center at Oakdale.
      7. The supervising officer may complete the probable cause hearing prior to the disposition of the new charges, if deemed appropriate
      8. If the offender bonds out prior to the court receiving the PPVI, the supervising officer may request a warrant, if the offender poses a threat to the community.
    4. When an offender is arrested on a parole warrant, or parole warrant and new pending charges, within the county of authority:
      1. The offender will have his/her initial appearance before a presiding District Judge within 24 hours of arrest.
      2. The supervising officer will arrange a probable cause hearing with the IBOP by forwarding an addendum to the Report of Violations to the IBOP within 10 days of the initial appearance.
      3. The IBOP will set the probable cause hearing within 14 days of the receipt of the addendum to the Report of Violations, unless it is waiting for the disposition of the new charge.
      4. The supervising officer may indicate delayed action on the front page of the Report of Violations until the disposition of the new pending charges, or proceed with a probable cause hearing if deemed appropriate, prior to the disposal of the new charges.
      5. The offender may remain in custody of the county of authority until the new charges are disposed of. Once the charges are disposed of, Court personnel will complete a transport order to IMCC at Oakdale for his/her probable cause hearing.
    5. When the supervising officer is notified that an offender is in custody for an active parole warrant (only) in another county or state.
      1. If arrested in another county of the state, the supervising officer will contact State Transport at IMCC at Oakdale to transport the offender back to the county of authority. Telephone number 319-626-2391.
      2. If arrested in another state, the Department of Corrections Deputy Compact Administrator will determine if extradition is warranted.
      3. If extradited back to the county of authority, the offender will have his/her initial appearance before a District Judge within 24 hours of arrival back in the county of authority.
      4. The supervising officer will arrange a probable cause hearing with the IBOP by forwarding an addendum to the Report of Violations to the IBOP within 10 days of the initial appearance.
      5. IBOP will set the probable cause hearing within14 days of receiving the addendum to the Report of Violations.
      6. If there is no new pending charges, Court personnel will complete a transport order, transporting the offender to IMCC at Oakdale.
    6. When the supervising officer is notified that an offender is in custody for new charges (only) in another county or state.
      1. The supervising officer shall complete a PPVI/warrant and submit it to the Court in the county of authority.
      2. The supervising officer shall forward the approved warrant to the Department of Corrections Deputy Compact Administrator. (2 copies)
      3. The Deputy Compact Administrator will enter the warrant into NCIC and contact the holding county or state of the warrant.
      4. The Deputy Compact Administrator will determine if extradition is warranted. The offender may remain in the holding county or state until disposition of the new charges.
      5. If extradition is warranted, the offender will be returned to the county of authority. Upon arrival the offender will have an initial appearance within 24 hours.
      6. The supervising officer shall complete the Report of Violations, with supervisory approval, within 10 days of filing the PPVI.
      7. If there is no new pending charges in the county of authority when the offender returns, Court personnel will complete a transport order to IMCC at Oakdale.
      8. The supervising officer will arrange a probable cause hearing by forwarding the PPVI and Report of Violations to the IBOP within 10 days of filing the PPVI.
      9. IBOP will set the probable cause hearing within 14 day upon the offenders return to the county of authority or IMCC at Oakdale.
    7. If proceeding with an arrest warrant and the parolee is not in custody and/or believed to be an absconder:
      1. The PPVI/warrant shall be completed and presented to the Court setting bond. The PPVI/warrant is filed with the Clerk of Court of the county of authority.
      2. A warrant packet shall be completed and forwarded to the Fugitive Unit (Polk County only).
      3. Two copies of the court approved PPVI are forwarded to the Department of Corrections Deputy Compact Administrator with the arrest warrant. (See Policy on absconders). The Deputy Compact Administer will enter the warrant into NCIC.
    8. If a warrant/PPVI setting bond is lodged as back up to bail in conjunction with a new pending charge, a probable cause hearing is held within ten (10) days after the arrest or detention warrant. However, when there has been a conviction or a finding of probable cause on new criminal charges, the preliminary hearing is not required.
    9. Addendums shall be completed if the officer receives information that further violates the offender's terms and conditions of parole. Addendums are only completed prior to the probable cause hearings to assist the Administrative Law Judge in making his/her rulings on the violations reported.

      Note: See Parole Violation Reports, See ICON Business Rules on Parole Violation, PPVI and Warrant order.

    10. If the new offense results in an incarceration, the supervising officer will need to complete the automatic revocation section on the Report of Violations, secure a certified copy of the judgment and sentence, and forward them to the IBOP.
  5. The supervising officer shall enter all ICON supervision modifiers once the offender is taken into custody. (See ICON Business Rules on supervision modifiers).
  6. Once the Report of Violations and PPVI has been approved, a probable cause/revocation hearing shall be scheduled by the IBOP.
    1. The supervising officer will need to indicate the offender's custody location.
  7. The Iowa Board of Parole will set the probable cause hearing within 14 days of receiving the Report of Violation and PPVI.
  8. Offenders shall receive the Report of Violations and Hearing Notice at least 7 days prior to the probable cause hearing, indicating the time and place and specific alleged violation(s). The Iowa Board of Parole will also notify the supervising officer of the hearing date, time, and location.
    1. The supervising officer shall instruct the offender, in writing, of his/her rights before the probable cause hearing when out of custody, and the institutional staff shall advise offenders that are in custody. The offender has the following rights:
      1. To present evidence and favorable witnesses.
      2. Disclosure of evidence.
      3. To confront adverse witness(es), unless the witness(es) would be subject to risk or harm.
      4. Have counsel of choice present, or in the case of an indigent person who request assistance to adequately present their case, have counsel appointed.
      5. To request postponement of the hearing for good cause.
        1. If in custody of IMCC, the Iowa Board of Parole will send the Report of Violations (alleged violations) and Hearing Notice indicating the date and time of the hearing to the offender in the institution where they are being housed. The correctional officers will need to serve the offenders at the respective facility
        2. .
        3. If in the custody of a county jail, and/or out of custody, the Iowa Board of Parole will return the Hearing Notice to the supervising officer.
        4. The supervising officer or designee will need to personally serve the offender with notice of the hearing and the Report of Violations, if in custody of a county jail or out of custody.
        5. The offender shall be directed to complete the section of the notice, in writing, acknowledging receipt of the Report of Violations and Hearing Notice.
  9. The offender's probable cause hearing addressing the violation(s) of parole shall be held in or near the community where the violations were alleged to have occurred or where the offender has been taken into custody. This will provide the offender with a reasonable opportunity to prepare for and present his/her defense. The offender has the right to:
    1. Availability of witnesses, on his or her behalf.
    2. Presenting various forms of evidence.
    3. Legal consultation or legal counsel.
  10. The probable cause hearing may be delayed or postponed for good cause or the hearing waived if the offender is first informed of his/her rights pertaining to the hearing and the consequences of waiving the hearing.
  11. Due process requires that any waiver of rights by the offender be done knowingly and voluntarily.
    1. As necessary or as requested by the offender he/she may sign, in writing, acknowledging receipt of the waiver.
      1. Waiver of legal counsel (form #),
      2. Waiver of 7 day notice requirement (form #),
      3. Waiver of right to personal appearance (form #)
      4. Waiver of courtesy probable cause hearing (form #)
      5. Voluntary termination of parole (form #)
  12. The Administrative Law Judge shall ensure that no form of coercion is used to induce any type of waiver. Officers are strictly prohibited from engaging in any type of this behavior.
  13. The supervising officer will testify at the hearing in person or via phone at the date, time and location set by the IBOP.
    1. When male offenders are housed at the Newton Correctional Facility, the supervising officer will call 1-877-578-8847.
    2. When female offenders are housed at the Iowa Correctional Institution for Women at Mitchellville, the correctional counselor will contact the supervising officer on his/her office phone.
    3. When the offender is in the custody of a county jail or is out of custody, the supervising officer shall attend the hearing at the designated time and place.
    4. When in custody of the county jail and there are new pending charges, the supervising officer may proceed with the probable cause hearing. It is recommended that the supervising officer contact the County Attorney's Office for assistance in the proceedings.
  14. The probable cause hearing will determine if the offender is returned to prison only when probable cause is found at the probable cause hearing and when it is determined, after considering the appropriateness of less severe sanctions, that the clear interest of the public requires incarceration.
    1. The supervising officer shall ensure all relevant documents or other materials needed are available at the hearing.
    2. The supervising officer shall notify any witnesses of the hearing date, time, and place. If necessary, witnesses should be served with a subpoena.
  15. The probable cause hearing is a two step process and determines two questions:
    1. Did the parole violation occur?
    2. If a parole violation did occur, should the parole be revoked or intermediate sanctions imposed?
  16. The Administrative Law Judge will determine if violations have occurred at the revocation hearing based on evidence presented. Alternatives to revocation and incarceration may be considered to the extent that public safety is not endangered and if the possibility of successful community adjustment exists. The Administrative Law Judge will base his/her decision on the following evidence presented:.
    1. Testimony from the supervising officer.
    2. Documentation and evidence provided by the supervising officer.
    3. Recommendations from the supervising officer.
    4. Recommendations from the county attorney.
    5. Testimony and evidence presented by the offender.
    6. Recommendations from the defense attorney.
  17. The Administrative Law Judge shall make the final determination as to the final action or resolution of the situation. He/she may sentence the offender to prison when probable cause is found and when it is determined, after considering the appropriateness of less severe sanctions, that the clear interest of the public requires incarceration. Options available to the Administrative Law Judge are:
    1. Reinstate parole.
    2. Reinstate parole with added parole conditions.
    3. Revoke the parole and place in work release.
    4. Revoke parole.
  18. The offender may waive the probable cause hearing and is usually returned to the custody of the Department of Corrections after the waiver hearing.
  19. The offender may appeal the Administrative Law Judge's decision to the IBOP within 10 days of the receipt of the decision.
  20. The offender shall receive a copy of the hearing order.
  21. Once the final disposition is made in the probable cause hearing the supervising officer must file the probable cause hearing order with the Clerk of Court closing out the PPVI. (New criminal number).
  22. If an active warrant was issued through the Deputy Compact Administrator, the supervising officer will need to notify him/her withdrawing the warrant from NCIC.
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