20.9.308 HEARING PROCEDURES
(1) The youth may submit a written request to the hearings officer to continue the hearing for a reasonable time period for good cause. The hearings officer must confirm the mutually agreeable rescheduled date in writing to the youth and the youth's attorney.
(2) If a youth has failed to retain counsel, the hearings officer shall appoint an attorney to represent the youth.
(3) On request of either party, the hearings officer shall issue and the parole officer shall serve subpoenas to procure the attendance of witnesses or production of documents at the hearing.
(4) The hearing is a public proceeding. However, upon a finding that an individual right of privacy outweighs the public's right to know, the hearings officer may exclude members of the public from all portions of the hearing pertaining to privacy interests. Witnesses may attend only during their testimony.
(5) The hearing shall be conducted informally. The hearings officer must record the hearing and establish for the record the identity of persons present and that the youth received prior written notice of:
(a) the alleged violation of the parole agreement;
(b) the purpose of the hearing;
(c) the evidence against the youth and the facts constituting the alleged violation;
(d) the opportunity to have the hearings officer subpoena witnesses;
(e) the opportunity to be heard in person or by interactive video transmission and to present witnesses and documentary evidence to controvert the evidence against the youth and to show that there are compelling reasons that justify or mitigate the violation;
(f) the right to confront and cross-examine adverse witnesses in person or by means of interactive video transmission; and
(g) the right to be represented by an attorney.
(6) The hearings officer shall request that the youth enter a plea to the allegations. In the event the youth enters a plea, the hearings officer shall determine whether the youth's plea was made voluntarily and without duress or promise.
(7) The hearings officer must review the evidence submitted by both parties and if, by a preponderance of the evidence, the hearings officer finds that the youth committed the alleged violation, the hearings officer must decide if the youth is to be returned to a youth correctional facility or if the hearings officer recommends the youth be placed in a community placement. The hearings officer may consider mitigating or aggravating circumstances in reaching the decision.
(8) The hearings officer must, within 24 hours of the hearing, provide to the parole officer and the youth a record of the hearing and a written statement of the evidence relied upon by the hearings officer in reaching the final decision and the reasons for the final decision.
(9) The hearings officer shall attach to the final decision, an appeal form approved by the Youth Services Division containing information regarding the appeal process of the hearings officer's decision.
History: 52-5-102, 52-5-129, MCA; IMP, 52-5-102, 52-5-126, 52-5-127, 52-5-128, 52-5-129, MCA; NEW, 2003 MAR p. 108, Eff. 1/31/03; AMD, 2011 MAR p. 1821, Eff. 9/9/11.