40-28-121 - Arrest of parole violator Fees Preliminary hearing Notice. - Tennessee Statutes

40-28-121. Arrest of parole violator Fees Preliminary hearing Notice.

(a)  Any officer authorized to serve criminal process, or any peace officer to whom a warrant is delivered, shall execute the warrant by taking the prisoner and returning the prisoner to a prison, workhouse or jail to be held to await the action of the board.

(b)  (1)  The officer, except an officer of a prison, shall be entitled to receive the same fees therefor as upon the execution of warrant of arrest at the place where the prisoner is retaken, and as for transporting a convict from the place of arrest to the prison, in case the officer also transports the prisoner to the prison.

     (2)  The fees of the officer, other than a prison officer, shall be paid by the agency and warden of the prison out of the moneys standing to the credit of the paroled prisoner, if any, or sufficient therefor, and otherwise out of the funds against and deducted from any moneys which may stand to the credit of the prisoner in the future.

(c)  Upon the arrest of a parolee pursuant to subsections (a) and (b), unless waived in writing, a preliminary hearing shall be conducted to determine whether probable cause exists to believe that the parolee has violated the conditions of parole in an important respect. Indictment by a grand jury or a finding of probable cause or a waiver of a probable cause hearing or a conviction in any federal or state court of competent jurisdiction for any felony or misdemeanor committed after parole shall constitute “probable cause” and no further proof shall be necessary at the preliminary hearing. If a parole revocation hearing is held within fourteen (14) days of the service of the warrant, a preliminary hearing will not be necessary.

(d)  Written notice of the violations alleged and the time, place and purpose of the hearing shall be given the parolee a reasonable time before the hearing.

(e)  The preliminary hearing shall be conducted by a hearing officer, appointed by the chair of the board.

[Acts 1937, ch. 276, § 11; 1949, ch. 18, § 1; C. Supp. 1950, § 11818.11 (Williams, § 11843.11); Acts 1974, ch. 624, § 8; 1978, ch. 659, § 1; 1978, ch. 929, § 4; 1979, ch. 359, § 22; T.C.A. (orig. ed.), § 40-3618; Acts 1989, ch. 227, § 40.]