42.0133 Revocation-Hearing-Notice.

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Within a reasonable time after the parolee is taken into custody and after receipt of the parole officer’s summary or digest of the preliminary interview, parole board shall hold a hearing to determine if parole should be revoked. The requirements of the hearing shall be:

(a) The hearing shall be preceded by written notice to the parolee which advises the parolee of the alleged violations.

(b) At all times during the hearing, the parolee shall have the right to be personally present and to be represented by an attorney or other counsel but not at the expense of the government.

(c) The hearing shall be continued for a reasonable time if the parolee desires the representation of an attorney or other counsel.

(d) Before evidence is taken, the parolee shall be asked if he admits or denies the alleged violations.

(e) The evidence against the parolee shall be disclosed to him and he shall have the right to confront and cross-examine witnesses against him unless the board finds good cause for not allowing confrontation.

(f) The parolee has the right to be heard in person and to have voluntary witnesses testify and present other evidence on his behalf, but not at the expense-of the government.

(g) The hearing shall be succeeded by a written statement by the board, delivered personally to the parolee, as to the evidence relied upon and reasons for revoking parole if the parole is revoked.

History: Rule 6-75, eff 14 Jul 75, § 423.