- (1) An offender may enter an admission or plea of no contest using the parole violation hearing waiver form.
- (2) The parole violation hearing waiver form shall explain that an admission or no contest plea will result in a revocation of parole. The waiver shall also explain, if parole is revoked, the offender may be ordered to serve their full sentences to expiration.
(3) The waiver shall also include a statement that the offender is waiving the rights to:
- (a) a hearing at which the Department of Corrections would be required to prove parole violation allegations by a preponderance of the evidence;
- (b) the appointment of an attorney to assist the offender at an evidentiary hearing;
- (c) be present at the hearing where the evidence and testimony supporting the allegations are presented;
- (d) confront and cross-examine any witnesses who testify regarding the violation allegations, absent a showing of good cause for not allowing the confrontation;
- (e) call witnesses and testify themselves regarding the violation allegations.
KEY: parole, allegations, pleas
Date of Last Change: May 3, 2024
Notice of Continuation: October 4, 2022
Authorizing, and Implemented or Interpreted Law: 77-27-9(4); 77-27-11; 77-13-6