Section 16-93-1908 - Revocation of post-release supervision(a)(1)(A) At any time during an offender's post-release supervision, the Post-Prison Transfer Board may issue a warrant for the arrest of the offender for violation of any of the conditions of post-release supervision or may issue a notice to appear to answer a charge of a violation.(B)(i) The board shall issue a warrant for the arrest of an offender on post-release supervision if the board determines that the offender has been charged with a felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802.(ii) An offender arrested on a warrant issued under subdivision (a)(1)(B)(i) of this section shall be detained pending a mandatory post-release supervision hearing.(C) The Division of Community Correction shall provide the information necessary for the board to issue a warrant under this subdivision (a)(1).(2) A warrant or notice issued under subdivision (a)(1) of this section shall be served personally upon the offender.(3) A warrant issued under subdivision (a)(1) of this section shall authorize all officers named in the warrant to place the offender in custody at any suitable detention facility pending a hearing.(4) A community supervision officer may arrest an offender on post-release supervision without a warrant by giving him or her a written statement stating that the offender, in the judgment of the community supervision officer, violated the conditions of his or her post-release supervision.(5) A written statement under subdivision (a)(4) of this section delivered by the arresting community supervision officer with the offender to the official in charge of the detention facility to which the offender is brought is sufficient for detaining the offender pending disposition.(6) If the board or its designee finds, by a preponderance of the evidence, that the offender has inexcusably failed to comply with a condition of his or her post-release supervision, the post-release supervision may be revoked at any time before the expiration of the period of post-release supervision.(7) An offender serving on post-release supervision for whose return a warrant has been issued by the board under this subsection shall be deemed a fugitive from justice if it is found that the warrant cannot be served.(b)(1) An offender transferred to or serving on post-release supervision shall be entitled to a preliminary hearing to determine whether there is reasonable cause to believe that the offender has violated a condition of his or her post-release supervision.(2) A preliminary hearing conducted under subdivision (b)(1) of this section shall be scheduled within seven (7) days after arrest or within seven (7) days after notice is served and shall be conducted within fourteen (14) days after arrest or service of notice to appear, excluding a weekend, holiday, or delay caused by an act of nature, by the revocation hearing judge for the board and at a location reasonably near the place of the alleged violation or the arrest.(3) The offender shall be given notice of the date, time, and location of the preliminary hearing and the conditions of post-release supervision that the offender is alleged to have violated.(4) Except as provided in subsection (d) of this section, the offender has the right to hear and controvert evidence against him or her, to offer evidence on his or her own behalf, and to be represented by counsel at the preliminary hearing.(5) If a revocation hearing judge finds after the preliminary hearing that there is reasonable cause to believe that an offender has violated a condition of post-release supervision by committing a felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802, the revocation hearing judge shall order the offender be returned to the nearest facility of the Division of Correction or the Division of Community Correction where he or she shall be placed in custody for a revocation hearing before the board.(6) If a revocation hearing judge finds after the preliminary hearing that there is reasonable cause to believe that an offender has violated a condition of post-release supervision other than the commission of a felony ineligible to receive earned release credits or a restricted release felony, as defined in § 16-93-1802, the revocation hearing judge shall:(A) Order the offender be returned to the nearest facility of the Division of Correction or the Division of Community Correction where he or she shall be placed in custody for a revocation hearing before the board; or(B) Return the offender to post-release supervision with or without additional supervision conditions in response to the violating conduct.(7)(A) If a revocation hearing judge does not find after the preliminary hearing reasonable cause to believe that an offender has violated a condition of post-release supervision, he or she shall order the offender be released from custody.(B) An order to release the offender from custody under subdivision (b)(7)(A) of this section does not bar the board from holding a revocation hearing on the alleged violation of a condition of post-release supervision or from ordering the offender to appear before the board.(8) A revocation hearing judge shall prepare and furnish to the board and the offender a summary of the preliminary hearing proceedings, including without limitation the substance of the evidence and testimony considered along with his or her finding and order, within twenty-one (21) days from the date of the preliminary hearing, excluding a weekend, holiday, or delay caused by an act of nature.(c)(1)(A) Unless a revocation hearing is knowingly and intelligently waived by the offender, transfer to post-release supervision shall not be revoked except after a revocation hearing, which shall be conducted by the board or its designee within a reasonable period after the offender's arrest or service of notice to appear.(B) If a waiver is granted under subdivision (c)(1)(A) of this section, the offender may subsequently appeal the waiver to the board.(2) An offender shall be given notice of the date, time, and location of the revocation hearing, the purpose of the revocation hearing, and the conditions of supervision he or she is alleged to have violated.(3) Except as provided in subsection (d) of this section, the offender has the right to hear and controvert evidence against him or her, to offer evidence in his or her own defense, and to be represented by counsel at the revocation hearing.(4) If post-release supervision is revoked after a revocation hearing, the board or its designee shall prepare and furnish to the offender a statement of evidence relied on and the reasons for revoking the post-release supervision.(d) At a preliminary hearing under subsection (b) of this section or a revocation hearing under subsection (c) of this section:(1) The offender has the right to confront and cross-examine adverse witnesses unless the revocation hearing judge, the board, or the designee of the board specifically finds good cause for not allowing confrontation and cross-examination; and(2) The offender may introduce any relevant evidence of the alleged violation, including without limitation letters, affidavits, and other documentary evidence, regardless of the admissibility of the evidence under the rules governing the admission of evidence.(e)(1) A preliminary hearing under subsection (b) of this section is not required if the offender knowingly and intelligently waives the preliminary hearing.(2) If the revocation hearing is not waived by the offender under subsection (c) of this section, the revocation hearing shall be held within fourteen (14) days after the arrest and reasonably near the place where the alleged violation occurred or where the offender was arrested.(f) A preliminary hearing under subsection (b) of this section and a revocation hearing under subsection (c) of this section is not required if the revocation is based on the offender's conviction of a felony offense for which he or she is sentenced to the Division of Correction or to any other state or federal correctional institution.(g) An offender may be held in a county or regional jail while awaiting a revocation hearing and the ruling of the board or its designee under this section.(h) An offender whose post-release supervision is revoked under this section due to a technical conditions violation or serious conditions violation and who is sentenced to any period of incarceration resulting from the revocation is subject to the periods of incarceration provided in § 16-93-1907.(i) Upon revocation under this section, an offender subject to a term of post-release supervision for a felony ineligible to receive earned release credits or a restricted release felony shall return to incarceration for the entire remaining period of imprisonment or post-release supervision assessed by the sentencing court.Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.