North Carolina General Statutes § 7B-2824 (For contingent repeal - see note) Due process at parole or probation violation hearing

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

(1)        Shall have reasonable notice in writing of the nature and content of the allegations to be made, including notice that the purpose of the hearing is to determine whether there is probable cause to believe that the parolee or probationer has committed a violation that may lead to a revocation of parole or probation;

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

(3)        Shall have the right to confront and examine any persons who have made allegations against the parolee or probationer, unless the hearing officer determines that confrontation would present a substantial present or subsequent danger of harm to the person or persons; and

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

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

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Last modified: March 23, 2014