2005 Idaho Code - 20-229A — NOTICE -- SERVICE -- WAIVER

                                  TITLE  20
                        STATE PRISON AND COUNTY JAILS
                                  CHAPTER 2
                          STATE BOARD OF CORRECTIONS
    20-229A.  NOTICE -- SERVICE -- WAIVER. Within fifteen (15) calendar days
following arrest and detention on a warrant issued by the Idaho commission for
pardons and parole, the alleged parole violator shall be personally served
with a copy of the factual allegations of the violation of the conditions of
parole by a state probation and parole officer, a law enforcement official or
other as designated by the executive director. When accused of a violation of
his parole, other than by absconding supervision or the commission of, and
conviction for, a felony or misdemeanor, the alleged parole violator shall be
advised of the right to an on-site parole revocation hearing and of procedural
rights and privileges as provided by this act. The alleged parole violator,
after service of the allegation of violations of the conditions of parole and
the notification of rights may waive the on-site parole revocation hearing as
provided by section 20-229, Idaho Code. If the alleged parole violator waives
the right to an on-site hearing, the commission, executive director or hearing
officer shall designate the facility where the hearing will be conducted.
    Whenever a paroled prisoner is accused of a violation of his parole by
absconding supervision or the commission of, and conviction for, a felony or
misdemeanor under the laws of this state, or any other state, or any federal
laws, and following arrest and detention on a warrant issued by the Idaho
commission for pardons and parole, the alleged parole violator shall be
personally served with a copy of the factual allegations of the violation of
the conditions of parole within a reasonable time. The alleged parole violator
shall be advised of the right to a hearing and all other rights and privileges
as provided by this act. The executive director or hearing officer shall
designate the facility where the hearing will be conducted. A fair and
impartial hearing of the charges will be conducted within a reasonable time.
    The alleged parole violator may waive the right to any hearing, and at
that time may admit one (1) or more of the alleged violations of the
conditions of parole. If the waiver is accepted by the commission or hearing
officer: (i) the parolee may be reinstated under the same or modified
conditions, or (ii) the parole shall be revoked and the parolee remanded to
custody. If all waivers made by the parolee are rejected by the commission or
designated hearing officer, a parole revocation hearing shall be held either
on-site or at a penitentiary facility.