Sec. 1. 17-A MRSA §1205, sub-§4, as amended by PL 1999, c. 246, §1, is further amended to read:

4. A person arrested pursuant to subsection 1, with or without a warrant, must be afforded a preliminary probable cause hearing as soon as reasonably possible, but not later than on the 3rd day after arrest, excluding Saturdays, Sundays and holidays, in accordance with the procedures set forth in section 1205-A. A preliminary probable cause hearing may not be afforded if, within the 3-day period, the person is released on bail or is afforded an opportunity for a court hearing on the alleged violation. A preliminary probable cause hearing is not required if the person is charged with or convicted of a new offense and is incarcerated as a result of the pending charge or conviction.

A.__Whenever a person arrested pursuant to subsection 1 is entitled to a probable cause hearing pursuant to this subsection, that hearing may be held by either the District Court or the Superior Court located as near to the place where the violation is alleged to have taken place as is reasonable under the circumstances.__If it is alleged that the person violated probation because of the commission of a new offense, the probable cause hearing is limited to the issue of identification if probable cause on the new offense has already been found by the District Court or by the Superior Court or the person has been indicted, has waived indictment or has been convicted.

B.__If the court determines that there is not probable cause to believe that the person has violated a condition of probation, the court shall order the person's release.

Sec. 2. 17-A MRSA §1205, sub-§6, as amended by PL 1999, c. 246, §1, is further amended to read:

6. Whenever a person is entitled to a preliminary probable cause hearing, the failure to hold the hearing within the time period specified in subsection 4 is grounds for the person's release on personal recognizance pending further proceedings.

Sec. 3. 17-A MRSA §1205-A, as amended by PL 2005, c. 326, §4 and affected by §5, is repealed.

Sec. 4. 17-A MRSA §1205-B, sub-§4, as enacted by PL 1999, c. 246, §3, is amended to read:

4. If the person fails to appear in court after having been served with a summons, the court may issue a warrant for the