Section Juv 202.03 - Revocation Hearing(a) Any juvenile parolee returned to the SYSC under the provisions of RSA 170-H:8 for whom a finding of probable cause has been made pursuant to Juv 202.02(i) shall have a revocation hearing within 10 business days of his/her return.(b) Any juvenile parolee who is not returned to the SYSC but whose preliminary hearing results in a finding of probable cause to believe there is a violation of the juvenile's conditions of parole which warrants a revocation hearing, shall have a revocation hearing within 21 days of the date of the preliminary hearing.(c) Notice of the revocation hearing shall be given to the parties at the time of the preliminary hearing, which shall be not less than 3 business days prior to the date of the revocation hearing. If a juvenile is returned to SYSC, and the timing of that return renders it impossible to hold a preliminary hearing 3 days before a meeting of the board is scheduled to occur, a preliminary hearing need not be held and the juvenile shall instead be brought before the board at that meeting.(d) The notice shall include: (1) The name and birth date of the juvenile;(2) The date and time of the revocation hearing;(3) The location of the revocation hearing;(4) A statement of the conditions of parole alleged to have been violated;(5) A statement of the legal authority under which the hearing is to be held;(6) A reference to the particular section of the statutes and rules involved; and(7) A copy of the decision of the hearing officer from the preliminary hearing.(e) The JPPO shall have the burden to show by a preponderance of the evidence that the juvenile parolee violated his/her conditions of parole.(f) Pursuant to RSA 170-H:10 the juvenile parolee shall have the right to appear and be heard at the revocation hearing.(g) If the board finds, by a preponderance of the evidence, that the juvenile parolee has violated the conditions of his/her parole, the board shall revoke the juvenile's parole unless: (1) The JPPO requests that parole not be revoked;(2) It is determined that further incarceration will be of no benefit; or(3) There is a reasonable probability that the juvenile will remain at liberty without violating the conditions of parole.(h) If the board decides to revoke parole, the board shall prepare a written decision including the facts relied on and the reasons for revoking parole.(i) A copy of the decision shall be provided to the juvenile, the juvenile's parent(s) or legal guardian(s), the JPPO and the commissioner within 10 business days of the date of the revocation hearing.N.H. Admin. Code § Juv 202.03
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03; amd by #10008-A, eff 9-30-11