Provision of Counsel in Parole Revocation Proceedings

The Director of the Administrative Office of the United States Courts requested a decision interpreting sections of the Parole Commission and Reorganization Act. The Parole Act makes the appointment of counsel mandatory in parole revocation proceedings and appeals therefrom for indigent parolees, unless waived by them, with compensation to be paid from Criminal Justice Act funds at rates set by that act. The Parole Act also provides hearings for parolees seeking termination of parole after 5 years under the same procedural safeguards accorded parolees facing parole revocation. Thus, provision of counsel for these hearings must also be deemed authorized from Criminal Justice Act appropriations.