Page:1973 North Dakota Session Laws.pdf/211

CRIMES

AN ACT relating to hearing procedures in dealing with interstate parolees or probationers being supervised under the interstate compact for the supervision of parolees and probationers.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF NORTH DAKOTA:

SECTION 1. HEARING FOR SUPERVISED PAROLEE OR PROBATIONER SUSPECTED OF VIOLATIONS - WAIVER - REPORT TO SENDING STATE - DETENTION OF PAROLEE OR PROBATIONER.) Where supervision of a parolee or probationer is being administered pursuant to the interstate compact contained in chapter 12-56, the appropriate judicial or administrative authorities in this state shall notify the compact administrator of the sending state whenever, in their view, consideration should be given to retaking or reincarceration for a parole or probation violation. Prior to the giving of any such notification, a hearing shall be held in accordance with this Act within a reasonable time, unless such hearing is waived by the parolee or probationer. The appropriate officer or officers of this state shall as soon as practicable following termination of any such hearing: report to the sending state, furnish a copy of the hearing record, and make recommendations regarding the disposition to be made of the parolee or probationer by the sending state. Pending any proceeding pursuant to this section, the appropriate officers of this state may take custody of and detain the parolee or probationer involved for a period not to exceed fifteen days prior to the hearing and, if it appears to the hearing officer or officers that retaking or reincarceration is likely to follow, for such reasonable period after the hearing or waiver as may be necessary to arrange for the retaking or reincarceration.

SECTION 2. WHO MAY HOLD HEARING.) Any hearing pursuant to this Act may be before the chief parole officer, a deputy, or any other person authorized pursuant to the laws of this state to hear cases of alleged parole or probation violation, except that no hearing officer shall be the person making the allegation of violation.

SECTION 3. CONDUCT OF HEARING - NOTICE TO AND RIGHTS OF PAROLEE OR PROBATIONER.) With respect to any hearing pursuant