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40-28-502 - Applicable requirements.

40-28-502. Applicable requirements.

(a)  The following requirements apply to parole board hearings:

     (1)  In accordance with the provisions of title 8, chapter 44, part 1, parole hearings and parole revocation hearings shall be open to the public, except as provided in subsection (b); and

     (2)  The vote of each board member on each formal action shall be recorded. Formal actions include, but are not limited to, the granting or denial of parole, the revocation of parole or any action taken under subsection (b).

(b)  The following exceptions and limitations apply:

     (1)  The board of probation and parole may restrict the number of individuals allowed to attend parole or parole revocation hearings in accordance with physical limitations or security requirements of the hearing facilities; and

     (2)  The board may deny admission or continued attendance at parole or parole revocation hearings to individuals who:

          (A)  Threaten or present a danger to the security of the institution in which the hearing is being held;

          (B)  Threaten or present a danger to other attendees or participants; or

          (C)  Disrupt the hearing.

[Acts 1993, ch. 336, § 2; 1998, ch. 1049, §§ 24, 66.]  

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