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Current as of January 01, 2023 | Updated by Findlaw Staff
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;
and where the Commission feels, on a case by case basis, that such appointment in accordance with either (1), (2) or (3) above is necessary for fundamental fairness.
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.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 148. State Prison System § 148-62.1. Entitlement of indigent parolee and post-release supervisee to counsel, in discretion of Post-Release Supervision and Parole Commission - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-148-state-prison-system/nc-gen-st-sect-148-62-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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