Notification of Board; hearing

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§ 365. Notification of Board; hearing

(a) Upon the arrest and detention of an offender, the supervising Corrections employee shall notify the Board immediately and shall submit in writing a report describing the alleged violation of a condition or conditions or alleged violation of law.

(b) Upon receipt of the notification, or upon an arrest by warrant in accordance with this chapter, the Board shall cause the offender together with the supervising Corrections employee to be brought before it promptly for a hearing regarding the alleged violation. Corrections employees may be represented by legal counsel, which shall be provided by the State upon request, at hearings of the Parole Board. The offender shall have access to counsel as provided in parole revocation hearings.

(c) The Board may not revoke the service of supervised community sentence outside a correctional facility without an administrative hearing conducted pursuant to the procedures and rules applicable to parolees under federal and State due process and chapter 7 of this title.

(d) If the alleged violation is established by substantial evidence, the Board may enter such order as it determines to be necessary or desirable in accordance with this chapter.

(e) Within a reasonable period of time, the Board shall provide to the offender a written statement containing the Board's determination whether a violation has been established, a short summary of the evidence relied on, the disposition imposed, and a short summary of the reasons for the disposition. (Added 1989, No. 291 (Adj. Sess.), § 4.)


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