213.1511 - Inquiry to determine probable cause to believe violation occurred: Inquiring officer; place and time of inquiry; oaths. - Nevada Statutes

213.1511  Inquiry to determine probable cause to believe violation occurred: Inquiring officer; place and time of inquiry; oaths.

      1.  Before a parolee who has been arrested and is in custody for a violation of his or her parole may be returned to the custody of the Department of Corrections for that violation, an inquiry must be conducted to determine whether there is probable cause to believe that the parolee has committed acts that would constitute such a violation.

      2.  The inquiry must be conducted before an inquiring officer who:

      (a) Is not directly involved in the case;

      (b) Has not made the report of the violation; and

      (c) Has not recommended revocation of the parole,

Ê but the inquiring officer need not be a judicial officer.

      3.  Except in a case where the parolee is a fugitive, the inquiry must be held at or reasonably near the place of the alleged violation or the arrest and within 15 working days after the arrest.

      4.  Any conviction for violating a federal or state law or a local ordinance, except a minor traffic offense, which is committed while the prisoner is on parole constitutes probable cause for the purposes of subsection 1 and the inquiry required therein need not be held.

      5.  For the purposes of this section, the inquiring officer may administer oaths.

      (Added to NRS by 1975, 196; A 1979, 169; 1983, 269, 726; 1993, 2885; 2001 Special Session, 203)