§ 15A-1368.6. Arrest and hearing on post-release supervision violation. - North Carolina Statutes

§ 15A‑1368.6.  Arrestand hearing on post‑release supervision violation.

(a)        Arrest forViolation of Post‑Release Supervision. – A supervisee is subject toarrest by a law enforcement officer or a post‑release supervision officerfor violation of conditions of post‑release supervision only uponissuance of an order of temporary or conditional revocation of post‑releasesupervision by the Commission. However, a post‑release supervisionrevocation hearing under subsection (e) of this section may be held withoutfirst arresting the supervisee.

(b)        When and WherePreliminary Hearing on Post‑Release Supervision Violation Required. – Unlessthe hearing required by subsection (e) of this section is first held or acontinuance is requested by the supervisee, a preliminary hearing onsupervision violation shall be held reasonably near the place of the allegedviolation or arrest and within seven working days of the arrest of a superviseeto determine whether there is probable cause to believe that the supervisee violateda condition of post‑release supervision. Otherwise, the supervisee shallbe released seven working days after arrest to continue on supervision pendinga hearing. If the supervisee is not within the State, the preliminary hearingis as prescribed by G.S. 148‑65.1A.

(b1)      Bail FollowingArrest for Violation of Post‑Release Supervision if Releasee Is a SexOffender. – Notwithstanding subsection (b) of this section, if the releasee hasbeen convicted of an offense that requires registration under Article 27A ofChapter 14 of the General Statutes and is arrested for a violation inaccordance with this section, the releasee shall be detained without bond untilthe preliminary hearing is conducted.

(c)        Officers to ConductPreliminary Hearing. – The preliminary hearing on post‑releasesupervision violation shall be conducted by a judicial official, or by ahearing officer designated by the Commission. A person employed by theDepartment of Correction shall not serve as a hearing officer at a hearingprovided by this section unless that person is a member of the Commission, oris employed solely as a hearing officer.

(d)        Procedure forPreliminary Hearing. – The Department of Correction shall give the superviseenotice of the preliminary hearing and its purpose, including a statement of theviolations alleged. At the hearing, the supervisee may appear and speak in thesupervisee's own behalf, may present relevant information, and may, on request,personally question witnesses and adverse informants, unless the hearingofficer finds good cause for not allowing confrontation. If the person holdingthe hearing determines there is probable cause to believe the superviseeviolated conditions of supervision, the hearing officer shall summarize thereasons for the determination and the evidence relied on. Formal rules ofevidence do not apply at the hearing. If probable cause is found, thesupervisee may be held in the custody of the Department of Correction to servethe appropriate term of imprisonment, subject to the outcome of a revocationhearing under subsection (e) of this section.

(e)        Revocation Hearing.– Before finally revoking post‑release supervision, the Commission shall,unless the supervisee waived the hearing or the time limit, provide a hearingwithin 45 days of the supervisee's reconfinement to determine whether to revokesupervision finally. For purposes of this subsection, the 45‑day periodbegins when the preliminary hearing required by subsection (b) of this sectionis held or waived, or upon the passage of seven working days after arrest,whichever is sooner. The Commission shall adopt rules governing the hearing.  (1993, c. 538, s. 20.1;1994, Ex. Sess., c. 24, s. 14(b); 1996, 2nd Ex. Sess., c. 18, s. 20.15(b); 1997‑237,s. 1; 2000‑189, s. 1; 2008‑117, s. 20.)