B.__Evidence presented to establish probable cause may include affidavits and other reliable hearsay evidence as permitted by the court.

C.__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Sec. 3. 17-A MRSA §1205-A, as amended by PL 2005, c. 326, §4 and affected by §5, is repealed.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 arrest of the person. After arrest, the person must be afforded a preliminary probable cause hearing as provided in section 1205, subsection 4 and, if retained in custody, an initial appearance as provided in section 1205-C, subsection 3 applies.

Sec. 5. 17-A MRSA §1205-C, sub-§1, as enacted by PL 1999, c. 246, §3, is amended to read:

1. A motion for probation revocation, which first must be approved by the prosecuting attorney, must be filed within 5 3 days, excluding Saturdays, Sundays and holidays, of the arrest of a probationer pursuant to section 1205.

Sec. 6. 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, unless the person is to be afforded a probable cause hearing at the initial appearance as provided in section 1205, must be accompanied by the written statement prepared pursuant to section 1205-A, subsection 3 or by a copy of the summons delivered to the probationer.