The NC&PB may entertain personal appearances, caseload permitting.† The offender may have a personal representative appear on his/her behalf at the NC&PB hearing at no cost to the government.† Unless the offender has been released from confinement on parole or upon completion of service of confinement, the offender may not make a personal appearance before the NC&PB. The NC&PB notifies the offender (via the commanding officer of the brig or other designee) of the date of the hearing, but will, at all times, attempt to accommodate the schedules of personal representatives when necessary. The offender is ultimately responsible for keeping personal representatives informed about the NC&PB hearing date. Although the NC&PB will assist in that regard should the personal representative contact the NC&PB, the NC&PB is not required to provide direct notification of the hearing date to the offender's personal representative. The offender will be provided (by the commanding officer or other designee) the opportunity to sign/forward a Privacy Act Waiver as part of the personal appearance request.
Victim/Witness Appearances.† The NC&PB may entertain personal appearances, caseload permitting. Victims and/or witnesses may appear before the board in person or, technology permitting, electronically or have a personal representative appear on their behalf at no cost to the government. The confining institution has primary responsibility for victim/witness notification. Upon notification of expressed interest by the victim and/or witness, the confining institution will inform the NC&PB. The NC&PB will then coordinate with both the confining institution and the victim and/or witness regarding the case review date and time.
c. Victim/Witness Options. Victim, victimís family members, the victimís representatives or witnesses may submit matters in writing, by audio tape, video tape or a combination of any or all of these methods for consideration by the NC&PB. In order to facilitate appropriate consideration of written material, it is recommended that documents be provided to the NC&PB staff at least 4 weeks prior to the Board meeting.
NC&PB will conduct hearings that are generally open to the public unless the offender objects, unless the case involves classified material the revelation of which during the hearing may require the hearing to be closed, or for other good cause. At no time, however, are visitors or personal representatives permitted to be present during the deliberations of the NC&PB. Additionally, the presence of individuals during the NC&PB proceedings will be permitted unless the NC&PB, by majority vote, determines that the presence of such persons interferes with the orderly course of the proceedings.
NC&PB hearings will be conducted in a non-adversarial and impartial manner. The adjudicatory function of panel members is paramount. Members should avoid conduct, which is or could be construed to be investigatory or prosecutorial. The hearings shall be conducted with dignity and decorum and with the objective of fairly addressing all the facts bearing on a case.
f. Members shall avoid conflicts of interest by recusing themselves from pending clemency/parole matters in which they were either indirectly or directly involved in a personal/professional capacity. If in doubt as to whether the appearance or reality of an ethical conflict of interest exists in a specific case, the member must seek an advisory opinion from Director, NCPB Legal Counsel.