Page:United States Statutes at Large Volume 90 Part 1.djvu/278

 90 STAT. 228

18 USC 4214.

Hearing.

.,.

Hearings.

18 USC 3006A.

PUBLIC LAW 94-233—MAR. 15, 1976 "(c) Any summons or warrant issued pursuant to this section shall provide the parolee with written notice of— "(1) the conditions of parole he is alleged to have violated as provided under section 4209; " f 2^ his rights under this chapter; and the possible action which may be taken by the Commission. "(d) Any officer of any Federal penal or correctional institution, or any Federal officer authorized to serve criminal process within the United States, to whom a warrant issued under this section is delivered, shall execute such warrant by taking such parolee and returning him to the custody of the regional commissioner, or to the custody of the Attorney General, if the Commission shall so direct. «§ 4214. Revocation of parole "(a)(1) Except as provided in subsections (b) and (c), any alleged parole violator summoned or retaken under section 4213 shall be accorded the opportunity to have— "(A) a preliminary hearing at or reasonably near the place of the alleged parole violation or arrest, without unnecessary delay, to determine if there is probable cause to believe that he has violated a condition of his parole; and upon a finding of probable cause a digest shall be prepared by the Commission setting forth in writing the factors considered and the reasons for the decision, a copy of which shall be given to the parolee within a reasonable period of time; except that after a finding of probable cause the Commission may restore any parolee to parole supervision if: "(i) continuation of revocation proceedings is not warranted; or "(ii) incarceration of the parolee pending further revocation proceedings is not warranted by the alleged frequency or seriousness of such violation or violations; "(iii) the parolee is not likely to fail to appear for further proceedings; and "(iv) the parolee does not constitute a danger to himself or others. "(B) upon a finding of probable cause under subparagraph (1)(A), a revocation hearing at or reasonably near the place of the alleged parole violation or arrest within sixty days of such determination of probable cause except that a revocation hearing may be held at the same time and place set for the preliminary hearing. "(2) Hearings held pursuant to subparagraph (1) of this subsection shall be conducted by the Commission in accordance with the following procedures: "(A) notice to the parolee of the conditions of parole alleged to have been violated, and the time, place, and purposes of the scheduled hearing; "(B) opportunity for the parolee to be represented by an attorney (retained by the parolee, or if he is financially unable to retain counsel, counsel shall be provided pursuant to section 3006A) or, if he so chooses, a representative as provided by rules and regulations, unless the parolee knowingly and intelligently waives such representation. "(C) opportunity for the parolee to appear and testify, and present witnesses and relevant evidence on his own behalf; and "(D) opportunity for the parolee to be apprised of the evidence against him and, i:^ he so requests, to confront and cross-examine

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