Section Par 501.04 - Probable Cause(a) If probable cause is found by the hearings officer, the executive assistant or designeeshall then meet with each parolee, and inform the parolee of all rights and procedures related to the parole revocation hearing. The executive assistant or designee and parolee shall complete the "Notification of Due Process Rights at Final Revocation Hearing" form in 2 copies. One copy shall be given to the parolee, and the other shall be retained by the board.(b) The "Notification of Due Process Rights at Final Revocation Hearing" form shall stipulate the following due process rights pertaining to the revocation hearing: (1) The right to receive a written notice of all alleged parole violations, which shall be given to the parolee via a copy of the arrest warrant signed by a member of the board.(2) The right to appear before the board and address the board at a revocation hearing;(3) The right of the parolee to call witnesses in the parolee's behalf;(4) The right of the parolee to confront and cross-examine all adverse witnesses, and review all evidence against the parolee;(5) The right of representation by counsel and the right to have counsel appointed if the parolee cannot afford to retain counsel; and(6) The right to receive a written copy of the board's decision, which shall include the decision of the board, and evidence relied upon to reach that decision.(c) The "Notification of Due Process Rights at Final Revocation Hearing" form shall also specify the following options regarding legal counsel at the parole revocation hearing: (1) The parolee shall retain private counsel;(2) The parolee shall appear without legal representation;(3) The parolee lacks the resources to retain private counsel and requests court-appointed counsel; and(4) The parolee may elect to waive the right to a revocation hearing within 45 days after arrest, as required by RSA 651-A:17, and continue the hearing until appointed counsel is available.(d) The signature of the parolee on the "Notification of Due Process Rights at Final Revocation Hearing" form shall signify the parolee's understanding of all legal rights related to said hearing.N.H. Admin. Code § Par 501.04
(See Revision Note at chapter heading for Par 500) #5685, eff 8-16-93; ss by #7070, INTERIM, eff 8-12-99, EXPIRES: 12-10-99; ss by #7149, eff 12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9255, eff 9-6-08
Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12157, Effective 4/7/2017, Expires 4/7/2027.