S.D. Admin. R. 17:60:03:05

Current through Register Vol. 51, page 49, October 15, 2024

Section 17:60:03:05 - Notice of final hearing

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 appear in person, to have witnesses appear 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.

S.D. Admin. R. 17:60:03:05

4 SDR 54, effective 2/23/1978; 12 SDR 162, effective 4/20/1986; 30 SDR 198, effective 6/23/2004.

General Authority: SDCL 24-13-7.

Law Implemented: SDCL 24-15-23, 24-15-24.