Section 54-124a(j)(1)-12 - Counsel(a) Offenders subject to revocation proceedings and offenders in Effective Parole Status subject to rescission proceedings for serious misconduct may retain counsel of their choice to assist in the revocation or rescission process.(b) The Chairperson shall appoint counsel to represent offenders subject to revocation proceedings and offenders in Effective Parole Status subject to rescission proceedings for serious misconduct in the following circumstances: (1) The offender is indigent;(2) the offender makes a timely and colorable claim of:(A) Innocence of the misconduct alleged; or(B) although guilty of misconduct, the existence of substantial reasons that justify or mitigate the violation and render the revocation or rescission inappropriate;(3) the claim of innocence or the reasons justifying or mitigating the violation are complex or otherwise difficult to develop or present; and,(4) the offender appears incapable of speaking effectively.(c) Any request for appointment of counsel shall be in writing, directed to the Chairperson, and shall include: (1) A statement of indigence;(2) any written statement or other relevant materials the offender may wish the Board to consider regarding appointment of counsel. The offender is not required to discuss the substance of the violation charges but must provide sufficient relevant information regarding claims of complexity or difficulty to allow for a decision to be made regarding appointment of counsel or risk being denied appointed counsel;(3) the results of an interview or evaluation by the interviewing parole officer regarding the complexity of the circumstances surrounding the alleged violation, the offender's apparent ability to understand the proceedings and the offender's apparent ability to speak effectively.(d) In the case of multiple charges, the Chairperson may dismiss a complex or difficult charge and decline to appoint counsel if the remaining charges are simple and amenable to resolution without the participation of counsel.(e) If the Chairperson declines a request to appoint counsel, the reasons for such refusal shall be stated in writing with a copy delivered to the offender.Conn. Agencies Regs. § 54-124a(j)(1)-12
Adopted effective April 5, 2007