|
| 1-A.__A summons may be used to order a person who was placed on | administrative release to appear on a motion to revoke | administrative release. |
|
| | 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. |
|
| | 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 an initial appearance as provided in section | 1205 1205-C, subsection 4, and, if retained in custody, section | 1205-C, subsection 3 applies. |
|
| | 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. | 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 apply for | a warrant for the arrest of the person. 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. |
|
| | Sec. 10. 19-A MRSA §4002, sub-§4, as amended by PL 2003, c. 672, §16, | is further amended to read: |
|
| | 4. Family or household members. "Family or household | members" means spouses or domestic partners or former spouses or | former domestic partners, individuals presently or formerly | living together as spouses, natural parents of the same child, | adult household members related by consanguinity or affinity or | minor children of a household member when the defendant is an | adult household member and, for the purposes of this chapter and | Title 17-A, sections 1201, 1202 and 1253 only, includes | individuals presently or formerly living together and individuals |
|
|