LD 1868
pg. 2
Page 1 of 2 An Act To Eliminate Administrative Preliminary Hearings for Probationers LD 1868 Title Page
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LR 3015
Item 1

 
arrest of the person. After arrest, the person must be afforded a
preliminary probable cause hearing as provided in section 1205 and,
if retained in custody, section 1205-C, subsection 3 applies.

 
Sec. 5. 17-A MRSA §1205-C, sub-§2, as enacted by PL 1999, c. 246, §3,
is amended to read:

 
2. The motion must set forth the facts underlying the alleged
violation and be accompanied by the written statement prepared
pursuant to section 1205-A, subsection 3 a copy of the warrant of
arrest, the finding of probable cause or by a copy of the summons
delivered to the probationer unless the person is to be afforded
a probable cause hearing, as provided in section 1205, at the
initial appearance.

 
SUMMARY

 
This bill eliminates the administrative hearings presently
conducted by the Department of Corrections to determine probable
cause for a probation violation and instead requires probable
cause hearings conducted by the courts.


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