State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_148 > GS_148-62_1

§148‑62.1.  Entitlement of indigent parolee and post‑releasesupervisee to counsel, in discretion of Post‑Release Supervision andParole Commission.

Any parolee or post‑releasesupervisee who is an indigent under the terms of G.S. 7A‑450(a) may bedetermined entitled, in the discretion of the Post‑Release Supervisionand Parole Commission, to the services of counsel at State expense at a parolerevocation hearing at which either:

(1)        The parolee or post‑releasesupervisee claims not to have committed the alleged violation of the parole orpost‑release supervision conditions; or

(2)        The parolee or post‑releasesupervisee claims there are substantial reasons which justified or mitigatedthe violation and make revocation inappropriate, even if the violation is amatter of public record or is uncontested, and that the reasons are complex orotherwise difficult to develop or present; or

(3)        The parolee or post‑releasesupervisee is incapable of speaking effectively for himself;

and where the Commission feels,on a case by case basis, that such appointment in accordance with either (1),(2) or (3) above is necessary for fundamental fairness.

If the parolee or post‑releasesupervisee is determined to be indigent and entitled to services of counsel,counsel shall be appointed in accordance with rules adopted by the Office ofIndigent Defense Services. (1973, c. 1116, s. 2; 1993, c. 538, s. 52; 1994, Ex.Sess., c. 24, s. 14(b); 2000‑144, s. 45.)