Minnesota Administrative Rules

2940.3500 REVOCATION HEARING.

Subpart 1.

Location.

Revocation hearings whenever possible must be held in the community where the conviction of the violation of a standard or condition occurred. Separate probable cause hearings may be held if circumstances warrant.

Subp. 2.

When held.

All revocation or separate probable cause hearings must be held within 12 working days of the releasee's availability to Department of Corrections.

Subp. 3.

Outside metropolitan area.

Outside the metropolitan area, as defined by Minnesota Statutes, section 473.121, revocation or separate probable cause hearings shall be conducted by a Department of Corrections district supervisor other than the supervising agent's supervisor. In cases of special need, the executive officer of hearings and release may conduct the revocation or separate probable cause hearings outside the metropolitan area.

Subp. 4.

Within metropolitan area.

Within the metropolitan area the hearings shall be conducted by the executive officer of hearings and release.

Statutory Authority:

MS s 14.388; 241.26; 243.05

History:

8 SR 2298; 23 SR 808

Published Electronically:

November 9, 2004