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20.2.210    ON-SITE HEARING FOR PAROLE VIOLATION - HEARING

(1) The hearing is to be held at or near the site of the alleged violation within a reasonable time after the service of the report of violation to the parolee.

(2) No person who requests to attend the hearing shall be excluded, however, a witness with adverse testimony to offer can be heard separately by the hearing officer if the hearing officer determines that the witness would risk physical harm were his identity revealed.

(3) The hearing shall be conducted in the following manner:

(a) Hearing officer shall announce the fact that this is the time and place for the parolee's hearing and ascertain whether parolee is present and is represented by counsel or not.

(b) Obtain name, address and relationship to the defendant of all persons present for the record.

(c) Hearing officer shall follow these procedures in conducting the hearing:

(i) The parole officer shall testify to one alleged violation at a time. If the parole officer has witnesses available to substantiate the allegations, the hearing officer shall give the witness an opportunity to testify,

(ii) When testimony supportive to the allegation is completed, the accused or his attorney shall be given an opportunity to refute the allegation or present witnesses in his behalf to refute the allegation. The parolee or counsel may cross-examine the witnesses and parole officer.

(iii) This order shall continue until each alleged violation is adequately discussed.

(iv) Upon completion of all testimony, the hearing officer shall offer the parolee an opportunity to speak in his/her own behalf and present witnesses to support alternative parole plans.

History: Sec. 2-4-201 MCA; IMP, Sec. 46-23-1023 MCA; NEW, Eff. 1/2/77.

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