Administrative Code Provisions | WCHR ยง 23-700-22 | 2018
(a) An inmate shall be given at least seven calendar days written notice of the hearing for the fixing of the minimum term.
(b) An inmate shall be permitted to be assisted and represented by counsel at the hearing.
(c) An inmate shall be assisted in obtaining counsel if the inmate so requests and states the inmate cannot afford counsel.
(d) An inmate shall be informed of the inmate's rights under the law.
(e) An inmate shall be afforded the opportunity to be heard and to present any relevant information.
(f) The Authority retains the discretion to keep the hearing within reasonable limits and to limit the presentation of evidence or the calling of witnesses.
(g) An inmate may be afforded the opportunity, subject to security considerations, to consider and review materials the Authority has that pertain to the fixing of the inmate's minimum term.
(h) The Authority may permit an inmate to waive any or all of inmates rights relative to this section.
(i) There shall be made and maintained a verbatim stenographic or mechanical record of the minimum term proceedings. No record of subsequent discussions and deliberations need to be made.
(j) The State shall have the right to be represented at the hearing by the prosecuting attorney who may present written testimony and make oral comments and the Authority shall consider such testimony and comments in reaching its decision. The Authority shall notify the prosecuting attorney of the hearing at the time the prisoner is given notice of the hearing. The hearing shall be opened to victims or their designees or surviving immediate family members.
(k) The Authority shall prepare and provide the Department of Public Safety, the inmate and the inmate's attorney with a written statement of its decision and order.