N.D. Cent. Code § 12-59-15

12-59-15. Breach of parole - Hearings - Order of recommitment

1. When it is alleged that a parolee has violated any of the terms or conditions of parole

established by the parole board or by the department of corrections and rehabilitation,

the director of the department of corrections and rehabilitation may issue a warrant for

the arrest of the parolee.

2. Upon issuance of a warrant of arrest for a parole violation, the running of the time

period of parole must be suspended until the parole board issues a final order under

this section. The parolee is entitled to credit for time spent in physical custody from the

time of arrest until the time the parole board issues a final order.

3. The parolee is entitled to a preliminary hearing, as promptly as is convenient after the

arrest and reasonably near the place of the alleged violation or arrest, to determine

whether there is probable cause to find that the parolee violated any of the terms and

conditions of parole established by the board or by the department of corrections and

rehabilitation.

4. The preliminary hearing must be conducted before the director of the department of

corrections and rehabilitation or other hearing officer authorized by the director. The

preliminary hearing must be conducted by a disinterested hearing officer not directly

involved in the supervision of the parolee or by the person bringing the allegation of a

parole violation.

5. If the hearing officer determines there is probable cause to find that the parolee has

violated any of the terms and conditions of parole established by the board or by the

department of corrections and rehabilitation, the board may redetermine the time

remaining in the period of parole to reflect any portion of the period during which the

parolee was not under supervision or not in the custody of law enforcement personnel

in the state.

6. If the hearing officer determines there is probable cause to find that the parolee has

violated any of the terms and conditions of parole established by the board or by the

department of corrections and rehabilitation, the parolee must be returned to the

physical custody of the department of corrections and rehabilitation, transferred to

another correctional facility or the state hospital, or released from actual custody

pursuant to such terms and conditions as may be established by the parole board or

the department of corrections and rehabilitation, pending a final revocation hearing

before the parole board. If the board determines at the final revocation hearing that the

parolee has violated any of the terms and conditions of parole established by the

board or by the department of corrections and rehabilitation, the board may order the

parolee be recommitted to the physical custody of the department of corrections and

rehabilitation to serve all or part of the remaining time of the sentence that has not

been served in custody.

7. At any hearing pursuant to this section a record must be made and the parolee shall

have:

a. Written notice of the purpose of the hearing and the alleged violations.

b. The opportunity to be heard in person and present witnesses and documentary

evidence.

c. The opportunity to confront and cross-examine adverse witnesses, unless the

hearing officer determines that confrontation would create a risk of harm to the

witness.

d. A written statement as to the reasons for the decision.

8. If the board determines the parolee has absconded, as defined in section 12.1-01-04,

from supervision, the board may order the parolee to pay the costs of being returned

to the board. Moneys recovered under this subsection must be remitted to the

department of corrections and rehabilitation.