| | | 3.__The convicted person must be given an opportunity to | | address the court on the requirements that are proposed to be | | attached and must, after the sentencing, be given a written | | statement setting forth the specific requirements on which the | | person is being administratively released. |
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| | | §1349-D.__Commencement of administrative release revocation |
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| | | 1.__If during the period of administrative release the | | attorney for the State has probable cause to believe that the | | person placed on administrative release has violated a | | requirement of administrative release, the attorney for the State | | may file a motion with the court seeking to revoke administrative | | release and cause a summons to be delivered to the person placed | | on administrative release ordering that person to appear for a | | court hearing on the alleged violation.__The motion must set | | forth the facts underlying the alleged violation.__The summons | | must be in the same form as a summons under section 1205-B, | | subsection 2 except that the summons must include the signature | | of a law enforcement officer other than a probation officer. |
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| | | 2.__A person placed on administrative release appearing on a | | motion to revoke administrative release pursuant to a summons | | must be afforded an initial appearance as provided in section | | 1205-C, subsection 4. |
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| | | 3.__If the person placed on administrative release fails to | | appear in court after having been served with a summons, the | | court may issue a warrant for the arrest of the person.__After | | arrest of the person, the court shall afford the person a | | preliminary hearing as provided in section 1205, subsection 4, | | and, if retained in custody, section 1205-C, subsection 3 | | applies. |
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| | | 4.__If the person placed on administrative release can be | | located and served a summons, the attorney for the State may not | | commence the administrative release proceeding by having the | | person arrested.__However, if the person can not, with due | | diligence, be located, the attorney for the State shall file a | | written notice of this fact with the court and obtain a warrant | | of arrest under Rule 41 of the Maine Rules of Criminal Procedure.__ | | Unless sooner released, the court shall provide the person with | | an initial appearance on the revocation of administrative release | | within 14 days after arrest.__A copy of the motion must be | | furnished to the person prior to or at the initial appearance.__ | | The initial appearance is as provided in section 1205-C, | | subsection 4.__Bail is as provided in section 1205-C, subsections | | 5 and 6. |
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| | | §1349-E.__Court hearing on administrative release revocation |
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