HOME    SEARCH    ABOUT US    CONTACT US    HELP   
           
This is an obsolete version of the rule. Please click on the rule number to view the current version.

20.25.802    CONTESTED REVOCATION HEARINGS

(1) A parolee or his/her counsel who contests all or part of an on-site determination shall, if requested by the board, prior to the formal board revocation hearing, present to the board staff the following:

(a) A statement of admission of facts contained in the on-site hearing report which the parolee does not challenge;

(b) The parolee's specific objections to or denial of each controverted charge in the on-site hearing report;

(c) A statement of issues of facts to be presented;

(d) A statement of issues of law to be presented;

(e) A request for subpoenaed witnesses and documents;

(i) Subpoenas will be issued only at board's direction and only for extraordinary reasons.

(ii) Requests for information from inmates' files must be made at least 20 days in advance of the formal board hearing. Only information relevant to the revocation hearing will be pro-vided. Duplicating costs must be borne by the requesting party.

(f) A request for determination of legal questions and supporting briefs; and

(g) A list of witnesses and exhibits which the parolee will present.

(2) All of the above and any additional information which the parolee or parolee's counsel want to present shall be presented not less than 10 days before the formal board hearing.

History: 46-23-218, MCA; IMP, 42-23-1025, MCA; Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; AMD, 1999 MAR p. 290, Eff. 2/12/99.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security