Section 210IAC5-1-4. Community supervision revocation

   (a) Procedure for conducting preliminary hearings are [sic., is] as follows:

(1) Field staff shall submit a written report of the alleged community supervision violation or violations to the commissioner's designee when there is reasonable belief to believe the juvenile has violated a condition of community supervision.

(2) The commissioner's designee shall review the report of alleged violation or violations and determine whether or not a warrant should be issued. If a warrant is issued, a hearing officer shall conduct a preliminary hearing. The commissioner, by the authority vested in him or her under IC 11-8-2-5(b), may delegate his or her authority to issue warrants.

(3) The hearing officer shall be impartial and have no involvement in the reporting or investigation of the alleged violation or violations.

(4) The hearing officer shall provide the juvenile and his or her parents, guardians, or custodians written notice of the following:

(A) The date, time, and place of the hearing.

(B) The community supervision condition or conditions alleged to have been violated.

(C) The procedures and rights applicable to that hearing.

(D) If probable cause is found to exist, his or her right to a revocation hearing and the procedures and rights applicable to that hearing.

(E) The possible sanctions if a violation is found.

(5) In connection with the preliminary hearing, the juvenile is entitled to the following:

(A) Appear and speak in his or her own behalf.

(B) Call witnesses and present documentary evidence.

(C) Confront and cross-examine witnesses unless the hearing officer finds that to do so would subject the witness to a substantial risk of harm.

(D) A written statement of the findings of fact and the evidence relied upon.

(6) The juvenile's parents, guardians, or custodians are entitled to be present at the hearing.

(7) If the hearing officer determines that probable cause does not exist to believe the juvenile violated a condition of community supervision, the charge shall be dismissed.

(8) If the hearing officer determines from the evidence presented that there is probable cause to believe that the juvenile violated a condition of community supervision, but the hearing officer does not believe that there is sufficient reason for return to the facility, the hearing officer may continue the juvenile on community supervision pending the community supervision revocation hearing. Any special condition imposed by the hearing officer as a result of continued placement on community supervision shall be discussed with, and approved by, the commissioner's designee, prior to its imposition.

(9) If the hearing officer determines from the evidence presented that there is probable cause to believe that the juvenile violated a condition of his or her community supervision and the juvenile should be confined pending a revocation hearing, the juvenile shall be arrested on the department's warrant and returned to a juvenile facility pending a community supervision revocation hearing.

(10) In a case where the alleged violation of community supervision is based on a criminal conviction or a delinquency adjudication, the preliminary hearing need not be held.

(11) Unless good cause for the delay is established in the record of the preliminary hearing, the community supervision violation charge shall be dismissed if the preliminary hearing is not held within ten (10) days after the date of arrest on the department's warrant.

  (b) Procedures for conducting community supervision revocation hearings are as follows:

(1) The community supervision revocation hearing shall be presided over by the commissioner's designee and two (2) members designated by the facility superintendent. The commissioner's designee shall serve as chairperson. The committee shall meet in accordance with a schedule established by the chairperson.

(2) A juvenile confined at a juvenile facility due to an alleged community supervision violation shall be afforded a community supervision revocation hearing by the community supervision violation committee within sixty (60) days of his or her arrest on the department's warrant.

(3) An alleged community supervision violator who is not confined prior to the community supervision revocation hearing shall be afforded a hearing within one hundred eighty (180) days after the order was issued for his or her appearance at the community supervision revocation hearing or the date of his or her arrest on the community supervision violation warrant, whichever is earlier.

(4) Unless good cause for delay is established in the record of the revocation hearing, the revocation charge shall be dismissed if the revocation hearing is not held within the time limits established in subdivisions (2) and (3).

(5) Within seventy-two (72) hours of a juvenile's return to a juvenile facility (excluding Saturday, Sunday, or holidays) as an alleged community supervision violator, the facility shall notify the juvenile that he or she has the right to be represented by counsel at a revocation hearing and, if indigent, to have counsel appointed for him or her, including the following:

(A) The juvenile shall sign a statement indicating his or her understanding of the right to counsel and whether he or she desires to have counsel represent him or her at the revocation hearing.

(B) If the juvenile desires to be represented by counsel, but cannot afford such representation, the housing facility shall notify the public defender's office that the alleged community supervision violator desires counsel at the revocation hearing.

(6) The housing facility shall provide the juvenile and his or her parents, guardian, or custodian written notice of the revocation hearing at least seven (7) days in advance of the hearing. The written notice shall include the following:

(A) The date, time, and place of the hearing.

(B) The community supervision condition or conditions alleged to have been violated.

(C) The procedures and rights applicable to such hearing.

(D) The possible sanctions if a violation is found.

(7) The juvenile shall be afforded those safeguards enumerated in subsection (a)(5) and may offer evidence in mitigation of the alleged violation.

(8) The juvenile's parents, guardians, or custodians are entitled to be present at the revocation hearing and shall be so advised by the housing facility.

(9) If it is determined from the evidence presented that the juvenile did not commit a violation of community supervision, the charge or charges shall be dismissed.

(10) If the committee finds that the juvenile did violate a condition or conditions of community supervision, it may continue the juvenile on community supervision, with or without modifying the conditions, or revoke the community supervision and order the juvenile confined, including the following:

(A) If the juvenile is continued on community supervision with modified conditions, he or she shall be given written notification of the modification or modifications.

(B) If community supervision is revoked, the committee shall inform the juvenile that he or she will be reconsidered for community supervision on a specific date or that he or she will be reconsidered when he or she again completes the facility criteria for release.

(11) The chairperson shall provide the community supervision violator with a written statement of the reasons for the committee's action if community supervision is revoked. The juvenile has the right to appeal the decision of the community supervision revocation committee.

(12) The community supervision revocation committee shall consider the following:

(A) The alleged violator's overall community adjustment including, but not limited to, the following:

(i) School or work.

(ii) Completion of community supervision goals.

(iii) Previous violations committed while on community supervision.

(B) The alleged community supervision violator's past juvenile history and the nature of his or her committing offense.

(C) The nature of the violation committed by the alleged community supervision violator and the events and circumstances surrounding the violation.

(13) The community supervision revocation committee shall inform the juvenile that he or she has the right to appeal the decision of the community supervision revocation committee to the commissioner's designee in writing within seven (7) calendar days.

(Department of Correction; 210 IAC 5-1-4; filed Apr 17, 1985, 9:45 am: 8 IR 1127; readopted filed Nov 15, 2001, 10:42 a.m.: 25 IR 1269; filed Jun 17, 2003, 9:25 a.m.: 26 IR 3548; readopted filed Dec 2, 2009, 2:18 p.m.: 20091223-IR-210090805RFA; readopted filed Nov 15, 2016, 1:33 p.m.: 20161214-IR-210160376RFA)

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