Sec. 8005.7. Conduct of hearing

(a) At the preliminary hearing, the preliminary hearing officer shall read each violation charge and the alleged violator shall plead not guilty, guilty, guilty with an explanation, or stand mute with respect to each charge.

(1) If the alleged violator at a preliminary hearing pleads guilty to the substance of any charge or an acceptable variation thereof, or admits charged conduct which is a violation of the conditions of release in an important respect, the preliminary hearing officer shall conclude the hearing.

(2) If the alleged violator pleads not guilty to the charges, or elects to stand mute, the preliminary hearing officer shall proceed to direct the presentation of evidence concerning a violation charge, receive statements of witnesses and documentary evidence on behalf of the alleged violator and allow cross-examination of those witnesses in attendance with respect to that charge.

(3) The standard of proof at the preliminary hearing shall be probable cause to believe that the releasee has violated one or more of the conditions of his release in an important respect. Proof of conviction of a crime committed subsequent to release on parole or conditional release shall constitute probable cause.

(4) The hearing shall conclude at such time as the preliminary hearing officer finds that there is probable cause to believe that the alleged violator has violated the conditions of his release in an important respect, or when all charges have been heard and no probable cause has been found.

(5) If the preliminary hearing officer finds that there is probable cause to believe that the alleged violator has violated one or more of the conditions of parole in an important respect, he shall direct that the alleged violator be held for further action pursuant to section 8004.3 of this Title.

(6) If the preliminary hearing officer finds that there is no probable cause to believe that the alleged violator has violated one or more of the conditions of his release in an important respect, he shall dismiss the notice of violation and direct such person be restored to supervision.