The board shall notify the parolee and counsel, if any, in writing of the following:
- (1) The date, time, and place of the final hearing;
- (2) The charges against the parolee, specifying each condition, special limitation, or rule of supervision violated and setting forth the circumstances of the alleged violation;
- (3) That the parolee has a right to a hearing, to have witnesses testify on the parolee's behalf, and to present evidence on the parolee's behalf;
- (4) That the parolee has a right to be represented by counsel at the hearing; and
- (5) That the parolee or counsel has a right to cross-examine witnesses appearing against the parolee unless the board finds good cause for denying this right. "Good cause" includes a situation in which a witness before the board would have legitimate concerns about the witness's safety and well-being if the witness's identity would become known to the parolee.
Source: 4 SDR 54, effective February 23, 1978; 12 SDR 162, effective April 20, 1986; 30 SDR 198, effective June 23, 2004; 41 SDR 107, effective January 5, 2015.
General Authority: SDCL 24-13-7.
Law Implemented: SDCL 24-15-23 , 24-15-24.
Prior versions effective: 2004-06-23.