NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 1116

SENATE BILL 1214

 

 

AN ACT TO AMEND G.S. 7A-451(a) AND ADD G.S. 148-62.1 TO PROVIDE COUNSEL FOR INDIGENTS IN CERTAIN PAROLE REVOCATION PROCEEDINGS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 7A-451(a) is amended by deleting "and" at the end of subparagraph (7); deleting the period at the end of subparagraph (8), and inserting "; and" in lieu thereof; and adding a new subsection (9), to read as follows:

"(9)      A hearing for revocation of parole at which the right to counsel is provided in accordance with the provisions of Chapter 148, Article 4, of the General Statutes."

Sec. 2.  G.S. Chapter 148, Article 4 is amended by adding a new section to read as follows:

"§ 148-62.1.  Entitlement of indigent parolee to counsel, in discretion of Board of Paroles, at revocation hearings. — Any parolee who is an indigent under the terms of G.S. 7A-450(a) may be determined entitled, in the discretion of the North Carolina Board of Paroles, to the services of counsel at State expense at a parole revocation hearing at which either: (a) the parolee claims not to have committed the alleged violation of the parole conditions; or (b) the parolee claims there are substantial reasons which justified or mitigated the violation and make revocation inappropriate, even if the violation is a matter of public record or is uncontested, and that the reasons are complex or otherwise difficult to develop or present; or (c) the parolee is incapable of speaking effectively for himself; and where the Board feels, on a case by case basis, that such appointment in accordance with either (a), (b) or (c) above is necessary for fundamental fairness."

Sec. 3.  This act shall become effective on July 1, 1974.

In the General Assembly read three times and ratified, this the 3rd day of April, 1974.