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administrative release not to exceed the one year authorized under | | section 1349-A, subsection 1. |
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| | | Sec. 18. 17-A MRSA §1349-D, as enacted by PL 2003, c. 711, Pt. A, | | §19, is amended to read: |
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| | | §1349-D. Commencement of administrative release |
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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 | 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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| | | 1-A.__A summons may be used to order a person who was placed | | on administrative release to appear on a motion to revoke that | | person's administrative release. |
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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 | 1205 | | 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. | | 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 |
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