§ 363. Summons or arrest of person serving a supervised community sentence

(a) Parole Board warrant. The Parole Board may issue a warrant for the arrest of an offender or a notice, to be served personally upon the offender, requiring the offender to appear before the Board, if the Board has reason to believe that a violation of conditions or violation of law has occurred. The warrant shall authorize any law enforcement officers and any correctional officers to return the offender to the custody of a correctional facility, or to any other suitable detention facility designated by the Board.

(b) Broken terms of parole. If the Board issues a warrant for the return of an offender and it is found that the warrant cannot be served, the offender shall, for purposes of extradition only, be considered as having broken the terms of parole.

(c) Arrest of person on serving supervised community sentence. Any correctional officer designated by the Commissioner may arrest a person in supervised community sentence without a warrant if, in the judgment of the correctional officer, the person has violated a condition or conditions of supervised community sentence, or may deputize any other law enforcement officer to do so by giving the officer a written statement setting forth that the offender has, in the judgment of the correctional officer, violated a condition or conditions of supervised community sentence. The written statement delivered with the offender by the arresting officer to the supervising officer of the correctional facility to which the offender is brought for detention shall be sufficient warrant for detaining the offender. There shall be no right to bail or release.

(d) No right of action. A person serving in supervised community sentence arrested and detained in accordance with the provisions of this chapter and rules established by the Commissioner, shall not have a right of action against the Commissioner, the Parole Board, any law enforcement officer, correctional officer, employee of the Department of Corrections, or any other person because of the arrest and detention. (Added 1989, No. 291 (Adj. Sess.), § 4; amended 1997, No. 148 (Adj. Sess.), § 89, eff. April 29, 1998; 1997, No. 152 (Adj. Sess.), § 5.)