Page:1973 North Dakota Session Laws.pdf/212

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212
CHAPTER 113
CRIMES

to this Act, 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 its purpose is to determine whether there is probable cause to believe that he 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 he reasonably desires, prior to the hearing

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

4. May admit, deny, or explain the violation alleged and may present proof, including affidavits and other evidence, in support of his contentions, A record of the proceedings shall be made and preserved.

SECTION 4, FORCE AND EFFECT OF HEARINGS IN OTHER STATES.) In any case of alleged parole or probation violation by a person being supervised in another state pursuant to the interstate compact embodied in chapter 12-56, any appropriate judicial or administrative officer or agency in another state is authorized to hold hearing on the alleged violation. Upon receipt of the record of a parole or probation violation hearing held in another state pursuant to a statute substantially similar to this Act, such record shall have the same standing and effect as though the proceeding of which it is a record was had before the appropriate officer or officers in this state, and any recommendations contained in or accompanying the record shall be fully considered by the appropriate officer or officers of this state in making disposition of the matter.

Approved March 19, 1973