State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1376

§15A‑1376.  Arrest and hearing on parole violation.

(a)        Arrest forViolation of Parole. – A parolee is subject to arrest by a law‑enforcementofficer or a parole officer for violation of conditions of parole only upon theissuance of an order of temporary or conditional revocation of parole by thePost‑Release Supervision and Parole Commission. However, a parolerevocation hearing under subsection (e) may be held without first arresting theparolee.

(b)        When and WherePreliminary Hearing on Parole Violation Required. – Unless the hearing requiredby subsection (e) is first held or a continuance is requested by the parolee, apreliminary hearing on parole violation must be held reasonably near the placeof the alleged violation or arrest and within seven working days of the arrestof a parolee to determine whether there is probable cause to believe that heviolated a condition of parole. Otherwise, the parolee must be released sevenworking days after his arrest to continue on parole pending a hearing. If theparolee is not within the State, his preliminary hearing is as prescribed byG.S. 148‑65.1A.

(c)        Officers to ConductHearing. – The preliminary hearing on parole violation must be conducted by ajudicial official, or by a hearing officer designated by the Post‑ReleaseSupervision and Parole Commission. No person employed by the Department ofCorrection may serve as a hearing officer at a hearing provided in this sectionunless he is a member of the Post‑Release Supervision and ParoleCommission or is employed solely as a hearing officer.

(d)        Procedure forPreliminary Hearing on Parole Violation. – The Department of Correction mustgive the parolee notice of the preliminary hearing and its purpose, including astatement of the violations alleged. At the hearing, the parolee may appear andspeak in his own behalf, may present relevant information, and may, on request,personally question witnesses and adverse informants, unless the hearingofficer finds good cause for not allowing confrontation. If the person holdingthe hearing determines there is probable cause to believe the parolee violatedhis parole, he must summarize the reasons for his determination and theevidence he relied on. Formal rules of evidence do not apply at the hearing. Ifprobable cause is found, the parolee may be held in the custody of theDepartment of Correction to serve the appropriate term of imprisonment, subjectto the outcome of a revocation hearing under subsection (e).

(e)        Revocation Hearing.– Before finally revoking parole, the Post‑Release Supervision and ParoleCommission must, unless the parolee waived the hearing or the time limit,provide a hearing within 45 days of the parolee's reconfinement to determinewhether to revoke parole finally. The Post‑Release Supervision and ParoleCommission must adopt rules governing the hearing. (1977, c. 711, s. 1; 1977,2nd Sess., c. 1147, ss. 23‑26; 1987, c. 827, s. 1; 1993, c. 538, s. 40;1994, Ex. Sess., c. 24, s. 14(b); 1996, 2nd Ex. Sess., c. 18, s. 20.15(a); 2000‑189,s. 2.)