State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-2824

§ 7B‑2824.  (Forcontingent repeal – see note) Due process at parole or probation violationhearing.

With respect to any hearingpursuant to this Article, the parolee or probationer:

(1)        Shall havereasonable notice in writing of the nature and content of the allegations to bemade, including notice that the purpose of the hearing is to determine whetherthere is probable cause to believe that the parolee or probationer hascommitted a violation that may lead to a revocation of parole or probation;

(2)        Shall be permittedto advise with any persons whose assistance the parolee or probationerreasonably desires, prior to the hearing;

(3)        Shall have the rightto confront and examine any persons who have made allegations against theparolee or probationer, unless the hearing officer determines thatconfrontation would present a substantial present or subsequent danger of harmto the person or persons; and

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

A record of the proceedingsshall be made and preserved. (1979, c. 815, s. 1; 1998‑202, s. 6.)