§ 12-59-15 — Breach of parole - Hearings - Order of recommitment

North Dakota § 12-59-15

• Jurisdiction: North Dakota
• Title 12: Corrections, Parole, and Probation
• Ch. 12-59: Parole

Text

1. When it is alleged that a parolee has violated any of the terms or conditions of parole
established by the parole board or by the department of corrections and rehabilitation,
the director of the department of corrections and rehabilitation may issue a warrant for
the arrest of the parolee.
2. Upon issuance of a warrant of arrest for a parole violation, the running of the time
period of parole must be suspended until the parole board issues a final order under
this section. The parolee is entitled to credit for time spent in physical custody from the
time of arrest until the time the parole board issues a final order.
3. The parolee is entitled to a preliminary hearing, as promptly as is convenient after the
arrest and reasonably near the place of the alleged violation or arrest, to determine
whether there is probable cause to find that the parolee violated any of the terms and
conditions of parole established by the board or by the department of corrections and
rehabilitation.
4. The preliminary hearing must be conducted before the director of the department of
corrections and rehabilitation or other hearing officer authorized by the director. The
preliminary hearing must be conducted by a disinterested hearing officer not directly
involved in the supervision of the parolee or by the person bringing the allegation of a
parole violation.
5. If the hearing officer determines there is probable cause to find that the parolee has
violated any of the terms and conditions of parole established by the board or by the
department of corrections and rehabilitation, the board may redetermine the time
remaining in the period of parole to reflect any portion of the period during which the
parolee was not under supervision or not in the custody of law enforcement personnel
in the state.
6. If the hearing officer determines there is probable cause to find that the parolee has
violated any of the terms and conditions of parole established by the board or by the
department of corrections and rehabilitation, the parolee must be returned to the
physical custody of the department of corrections and rehabilitation, transferred to
another correctional facility or the state hospital, or released from actual custody
pursuant to such terms and conditions as may be established by the parole board or
the department of corrections and rehabilitation, pending a final revocation hearing
before the parole board. If the board determines at the final revocation hearing that the
parolee has violated any of the terms and conditions of parole established by the
board or by the department of corrections and rehabilitation, the board may order the
parolee be recommitted to the physical custody of the department of corrections and
rehabilitation to serve all or part of the remaining time of the sentence that has not
been served in custody.
7. At any hearing pursuant to this section a record must be made and the parolee shall
have:
a. Written notice of the purpose of the hearing and the alleged violations.
b. The opportunity to be heard in person and present witnesses and documentary
evidence.
c. The opportunity to confront and cross-examine adverse witnesses, unless the
hearing officer determines that confrontation would create a risk of harm to the
witness.
d. A written statement as to the reasons for the decision.
8. If the board determines the parolee has absconded, as defined in section 12.1-01-04,
from supervision, the board may order the parolee to pay the costs of being returned
to the board. Moneys recovered under this subsection must be remitted to the
department of corrections and rehabilitation.