83-1,120. Parolee; violation of parole; hearing.
Whenever a parolee is charged with a violation of parole, he or she shall be entitled to a prompt hearing on such charge by the Board of Parole, which hearing in no event shall occur more than thirty days after receipt of the parole officer's written report. At such hearing, the parolee shall be permitted to be present, to testify, to produce witnesses, to cross-examine adverse witnesses, and to introduce such other evidence as may be pertinent. The parolee shall be informed of his or her right to request counsel at such hearing, and if the parolee thereafter makes such request, based on a timely and colorable claim (1) that he or she has not committed the alleged violation of the conditions upon which he or she is at liberty, or (2) that, even if the violation is a matter of public record or is uncontested, there are substantial reasons which justified or mitigated the violation and make revocation inappropriate and that the reasons are complex or otherwise difficult to develop or present, and upon consideration of whether or not the parolee appears to be capable of speaking effectively for himself or herself, the board in the exercise of sound discretion may provide counsel unless retained counsel is available to the parolee. In every case in which a request for counsel is refused, the grounds for refusal shall be stated in the record.
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