Inquiry required before alleged violation considered by court; qualifications of inquiring officer; time and place of inquiry; exceptions; subpoenas.
1. Before a probationer in custody for a violation of a condition of his probation may be returned to the court for that violation, an inquiry must be conducted to determine whether there is probable cause to believe that he has committed any act that would constitute such a violation.
2. The inquiry must be conducted before an inquiring officer who:
(a) Is not directly involved in the case;
(b) Has not made the report of violation of the probation; and
(c) Has not recommended revocation of the probation,
Ê but he need not be a judicial officer.
3. Except in a case where the probationer is a fugitive or is under supervision in another state, the inquiry must be held at or reasonably near the place of the alleged violation or the arrest and must be held:
(a) If the probationer is on probation from another state and under supervision in this State, not later than 30 days after his arrest.
(b) If he is on probation from a Nevada court, promptly and not later than 15 days after his arrest and confinement on the charge that he has violated a condition of his probation or after an order has been filed to hold him on that charge if he is already confined on another charge. The time for the inquiry may be extended if, within the 15-day period, the probationer is released from confinement or the order that he be held is withdrawn.
4. Any conviction for violating a federal, state or local law, except a minor traffic offense, which is committed while the probationer is on probation constitutes probable cause for the purposes of this section and an inquiry need not be held.
5. For the purposes of this section, the inquiring officer may administer oaths and issue subpoenas to compel the attendance of witnesses and the production of books and papers.
Last modified: February 25, 2006