INDIVIDUAL;

HARRY HUGHES, Governor                                     2689

(I)  THE STATE'S ATTORNEY;

(II)  THE PUBLIC DEFENDER;

(III)  THE COUNSEL OF RECORD FOR THE COMMITTED

(IV)  THE PERSON WHO REPORTED THE VIOLATION;

(V)  A HEARING OFFICER OF THE DEPARTMENT; AND

(VI)  THE DEPARTMENT.

(F)  REVOCATION HEARING -- NOTICE.

WITHIN 10 DAYS AFTER THE COMMITTED INDIVIDUAL IS RETURNED TO
THE DEPARTMENT IN ACCORDANCE WITH THE BODY ATTACHMENT, A HEARING
OFFICER OF THE DEPARTMENT SHALL HOLD A HEARING UNLESS:

(1)  THE HEARING IS POSTPONED OR WAIVED BY AGREEMENT
OF THE PARTIES; OR

(2)  THE HEARING OFFICER OF THE DEPARTMENT POSTPONES
THE HEARING FOR GOOD CAUSE SHOWN.

(G)  SAME -- PROCEDURE.

AT THE HEARING ON REVOCATION OR MODIFICATION:

(1)  THE COMMITTED INDIVIDUAL IS ENTITLED TO BE
REPRESENTED BY COUNSEL INCLUDING, IF INDIGENT, THE PUBLIC
DEFENDER OR DESIGNEE OF THE PUBLIC DEFENDER;

(2)  THE COMMITTED INDIVIDUAL, DEPARTMENT, AND STATE'S
ATTORNEY ARE ENTITLED TO OFFER EVIDENCE, TO CROSS-EXAMINE ADVERSE
WITNESSES, AND TO ANY OTHER RIGHTS THAT THE HEARING OFFICER
CONSIDERS NECESSARY FOR A FAIR HEARING; AND

(3)  THE HEARING OFFICER SHALL FIND:

(I)  WHETHER, BY A PREPONDERANCE OF THE
EVIDENCE, THE STATE HAS PROVED THAT THE COMMITTED INDIVIDUAL
VIOLATED CONDITIONAL RELEASE; AND

(II)  WHETHER, BY A PREPONDERANCE OF THE
EVIDENCE, THE COMMITTED INDIVIDUAL NEVERTHELESS HAS PROVED
ELIGIBILITY FOR CONDITIONAL RELEASE.

(H) HEARING OFFICER'S REPORT.

(1) THE HEARING OFFICER PROMPTLY SHALL:

(I) SEND A REPORT OF THE HEARING AND
DETERMINATION TO THE COURT; AND