Section Juv 202.02 - Preliminary Hearing After Return of Parolee(a) A preliminary hearing conducted by a hearing officer shall be held as promptly as possible after the juvenile parolee is returned pursuant to RSA 170-H:8, to the SYSC.(b) If the juvenile parolee is not returned to SYSC following the alleged violation of parole, a preliminary hearing shall be held if requested by the JPPO.(c) Prior to the preliminary hearing, the JPPO shall provide the juvenile with a copy of the JPPO's violation report on the juvenile parolee.(d) The JPPO shall notify the juvenile parolee and the juvenile's parent(s) or legal guardian(s) of the date, time and the location of the preliminary hearing.(e) The preliminary hearing shall be conducted by the hearing officer in accordance with these rules.(f) The JPPO shall provide the hearing officer with a copy of the juvenile parolee's conditions of parole and indicate which condition(s) of parole have been violated.(g) The JPPO shall have the burden at a preliminary hearing to show that there is probable cause to believe that the juvenile parolee violated the conditions of parole.(h) If, after proper notice, the juvenile fails to appear for the preliminary hearing, the hearing shall go forward in the juvenile's absence.(i) The hearing officer shall determine whether there is probable cause to believe that there is a violation of the juvenile parolee's conditions of parole which warrants a parole revocation hearing.(j) If probable cause is found, the hearing officer shall prepare a written decision, including findings of fact and the reasons for finding probable cause.(k) If probable cause is not found, the hearing officer shall prepare a written decision, including findings of fact and the reasons that no probable cause was found.(l) Upon a finding of no probable cause, the juvenile shall be released by SYSC and remain subject to the conditions of parole established by the board.(m) A copy of the decision shall be provided to the juvenile, the juvenile's parent(s) or legal guardian(s), the juvenile's JPPO and the commissioner.N.H. Admin. Code § Juv 202.02
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03; amd by #10008-A, eff 9-30-11