148-62.1. Entitlement of indigent parolee and post-release supervisee to counsel, in discretion of Post-Release Supervision and Parole Commission.
Any parolee or post-release supervisee who is an indigent under the terms of G.S. 7A-450(a) may be determined entitled, in the discretion of the Post-Release Supervision and Parole Commission, to the services of counsel at State expense at a parole revocation hearing at which either:
(1) The parolee or post-release supervisee claims not to have committed the alleged violation of the parole or post-release supervision conditions; or
(2) The parolee or post-release supervisee claims there are substantial reasons which justified or mitigated the violation and make revocation inappropriate, even if the violation is a matter of public record or is uncontested, and that the reasons are complex or otherwise difficult to develop or present; or
(3) The parolee or post-release supervisee is incapable of speaking effectively for himself;
If the parolee or post-release supervisee is determined to be indigent and entitled to services of counsel, counsel shall be appointed in accordance with rules adopted by the Office of Indigent Defense Services. (1973, c. 1116, s. 2; 1993, c. 538, s. 52; 1994, Ex. Sess., c. 24, s. 14(b); 2000-144, s. 45.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 148 - State Prison System
§ 148-53 - Investigators and investigations of cases of prisoners[Effective until January 1, 2023]
§ 148-57 - Rules and regulations for parole consideration[Effective until January 1, 2023]
§ 148-57.1 - Restitution as a condition of parole or post-release supervision.
§ 148-60.1 - Allowances for paroled prisoner and prisoner on post-release supervision.
§ 148-63 - Arrest powers of police officers.
§ 148-64 - Cooperation of prison and parole officials and employees[Effective until January 1, 2023]