State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_148 > GS_148-65_8

§ 148‑65.8.  Interstateparole and probation hearing procedures.

(a)        Where supervisionof an offender is being administered pursuant to the Interstate Compact for Adult Offender Supervision, the appropriate judicial or administrativeauthorities in this State shall notify the Compact Administrator of the sendingstate whenever, in their view, consideration should be given to retaking orreincarceration for a parole, probation, or post‑release supervisionviolation. Prior to the giving of any such notification, a hearing shall beheld in accordance with this section within a reasonable time, unless suchhearing is waived by the offender. Pending any proceeding pursuant to thissection, the appropriate officers of this State may take custody of and detainthe offender involved for a period not to exceed 15 days prior to the hearing.The offender shall not be entitled to bail pending the hearing.

(b)        Any hearingpursuant to this section may be before the Administrator of the InterstateCompact for  Adult Offender Supervision, a deputy of the Administrator, anyother person appointed by the Administrator, or any person authorized pursuantto the laws of this State to hear cases of alleged parole, probation, or post‑releasesupervision violation, except that no hearing officer shall be the personmaking the allegation of violation.

(c)        With respect to anyhearing pursuant to this section, the offender:

(1)        Shall havereasonable notice in writing of the nature and content of the allegations to bemade, including notice that its purpose is to determine whether there isprobable cause to believe that the offender has committed a violation that maylead to a revocation of parole, probation, or post‑release supervision.

(2)        Shall be permittedto advise with any persons whose assistance the offender reasonably desires,prior to the hearing.

(3)        Shall have the rightto confront and examine any persons who have made allegations against theoffender, unless the hearing officer determines that such confrontation wouldpresent a substantial present or subsequent danger of harm to such person orpersons.

(4)        May admit, deny, orexplain the violation alleged and may present proof, including affidavits andother evidence, in support of the offender's contentions.

(c1)      A record of thehearing shall be made and preserved. As soon as practicable followingtermination of any hearing conducted pursuant to this section or the waiver ofsuch hearing, the appropriate officer or officers of this State shall report tothe sending state, furnish a copy of the hearing record, and makerecommendations regarding the disposition to be made of the offender by thesending state. If the hearing recommendation is to retake or reincarcerate theoffender, the hearing officer or officers may detain the offender until noticeis received from the sending state. If the sending state provides notice thatit intends to retake or reincarcerate the offender, the offender shall remainin custody for such reasonable period after the hearing or waiver as may be necessaryto arrange for the retaking or reincarceration.

(d)        In any case ofalleged parole or probation violation by a person being supervised in anotherstate pursuant to the Interstate Compact for Adult Offender Supervision, anyappropriate judicial or administrative officer or agency in another state mayhold a hearing on the alleged violation. Upon receipt of the record of aparole, probation, or post‑release supervision violation hearing held inanother state pursuant to a statute substantially similar to this section, thatrecord shall have the same standing and effect as though the proceeding ofwhich it is a record was had before the appropriate officer or officers in thisState, and any recommendations contained in or accompanying the record shall befully considered by the appropriate officer or officers of this State in makingdisposition of the matter.  (2002‑166, s. 1; 2008‑189, s. 1.)