Section 791.7750. Preliminary parole revocation hearing; waiver; summary of hearing; sufficiency of evidence.

(1) An alleged parole violator may waive  a   preliminary  parole revocation hearing or any of the rights in the parole revocation process specified by statute or rule. A waiver shall be in writing and  signed  by the person charged.

(2)   When a preliminary parole revocation hearing is  held,  the  hearing officer shall make a written summary of the hearing, which shall include the substance of the statements and evidence in support of the parolee's position and the department's position and the reasons  for  the   hearing officer's decision.

(3)    If the evidence presented at the hearing is insufficient to support a probable cause finding, a finding of no probable cause shall be entered and the parolee shall be released immediately. If the evidence presented at the hearing is sufficient to support a probable cause  finding,  the   parolee shall be continued in custody pending the decision of  the   deputy  director or designate regarding his or her return.

History: 1979 AC; 1988 AACS.