Chapter 49: PROBATION HEADING: PL 2003, C. 688, PT. A, §13 (RPR)
§1206. Court hearing on probation revocation
1999, c. 246, §4 (RP)
The hearing on the motion to revoke probation must be held in the court that sentenced
the person to probation in either the county or division in which the person resides
or is incarcerated, unless the court orders otherwise in the interests of justice.
A motion for revocation of probation need not be heard by the justice or judge who
originally imposed probation, but may be heard by any justice or judge.
1993, c. 234, §1 (AMD)
1999, c. 246, §5 (RP)
If a hearing is held, the person on probation must be afforded the opportunity to
confront and cross-examine witnesses against the person, to present evidence on that
person's own behalf and to be represented by counsel. If the person on probation
can not afford counsel, the court shall appoint counsel for the person. Assignment
of counsel, to the extent not covered in this subsection, and withdrawal of counsel
must be in accordance with the Maine Rules of Criminal Procedure.
1993, c. 234, §1 (AMD)
When the alleged violation constitutes a crime for which the person on probation
has not been convicted, the court may revoke probation if it finds by a preponderance
of the evidence that the person on probation committed the crime. If the person is
subsequently convicted of the crime, or any other crime or crimes arising out of the
same conduct, sentencing shall be subject to the requirements of section 1256. If
concurrent terms of imprisonment are imposed and the terms do not commence on the
same date, any time served as a result of the probation revocation shall be deducted
from the time the person is required to serve as a result of the new conviction.
1983, c. 450, §5 (AMD)
If the alleged violation does not constitute a crime and the court finds by a preponderance
of the evidence that the person has inexcusably failed to comply with a requirement
imposed as a condition of probation, it may revoke probation.
1983, c. 450, §6 (AMD)
If a person on probation is convicted of a new crime during the period of probation,
the court may sentence that person for the crime and revoke probation. If the person
has been sentenced for the new crime and probation revocation proceedings are subsequently
commenced, the court that conducts the revocation hearing may revoke probation. Sentencing
for the multiple offenses is subject to section 1256. If concurrent terms of imprisonment
are imposed and the terms do not commence on the same date, any time served as a result
of the new conviction must be deducted from the time the person is required to serve
as a result of the probation revocation.
1993, c. 234, §2 (AMD)
Upon a finding of a violation of probation, the court may vacate all, part or none
of the suspension of execution as to imprisonment or fine specified when probation
was granted, considering the nature of the violation and the reasons for granting
probation. The remaining portion of the sentence for which suspension of execution
is not vacated upon the revocation of probation remains suspended and subject to revocation
at a later date. During the service of that portion of the sentence imposed for which
the suspension of execution was vacated upon revocation, the running of the period
of probation must be interrupted and resumes again upon release. If the court finds
a violation of probation but vacates none of the suspended sentence, the running of
the period of probation resumes upon entry of that final disposition. The court may
nevertheless revoke probation and vacate the suspension of execution as to the remainder
of the suspended sentence or a portion thereof for any criminal conduct committed
during the service of that portion of the sentence for which the suspension of execution
was vacated upon revocation.
1999, c. 246, §6 (AMD)
Upon revocation of probation in accordance with subsection 5, 6 or 7, the court
may act in accordance with section 1267.
1989, c. 728, §1 (NEW)
The running of the period of probation is tolled upon either the delivery of the
summons, the filing of the written notice with the court that the person can not be
located or the arrest of the person. If the motion is dismissed or withdrawn, or
if the court finds no violation of probation, the running of the period of probation
is deemed not to have been tolled. The conditions of probation continue in effect
during the tolling of the running of the period of probation, and any violation of
a condition subjects the person to a revocation of probation pursuant to the provisions
of this chapter.
2005, c. 507, §14 (AMD)
If the attorney for the State and the attorney for the person on probation or the
person on probation reach agreement that in return for an admission of a violation
of probation the attorney for the State will dismiss other charges; the attorney for
the State will not oppose the requested disposition requested by the person on probation;
the attorney for the State will recommend a particular disposition; or both sides
will recommend a particular disposition; and, if the court at the time of disposition
intends to enter a disposition less favorable to the person on probation than that
recommended, the court shall on the record:
A. Inform the parties of this intention; [1999, c. 246, §7 (NEW).]
B. Advise the person on probation personally in open court that the court is not bound
by the recommendation; [1999, c. 246, §7 (NEW).]
C. Advise the person that if the person does not withdraw the admission, the disposition
of the motion will be less favorable to the person than that recommended; and [1999, c. 246, §7 (NEW).]
D. Afford the person the opportunity to withdraw the admission. [1999, c. 246, §7 (NEW).]
The court shall, if possible, inform the person of the intended disposition.
1999, c. 246, §7 (NEW)
Whenever a person is detained in any state or county institution pending a probation
revocation proceeding, and not in execution of any other sentence of confinement,
that period of detention must be deducted from the time the person is required to
serve under that portion of the sentence for which the suspension of execution was
vacated as a result of the probation revocation. A person who is simultaneously detained
for conduct for which the person receives a consecutive term of imprisonment is not
entitled to receive a day-for-day deduction from the consecutive term of imprisonment
for the period of simultaneous detention except for any period of detention that is
longer than the prior term of imprisonment.
2005, c. 507, §15 (AMD)
Whenever a previously suspended sentence of imprisonment for a Class A, Class B
or Class C crime is vacated, in whole or in part, as the result of a probation revocation,
the court must respecify the place of imprisonment for both the portion required to
be served and any remaining suspended portion, if necessary, to carry out the intent
of section 1203, subsection 1-A.
1999, c. 788, §6 (AMD)
If a probation revocation proceeding results in the court vacating a part of the suspension
of execution as to imprisonment while the person is in execution of the initial unsuspended
portion of the sentence, the portion of imprisonment to be served as a result of the
vacating commences only after the initial unsuspended portion of imprisonment has
been fully served. If separate probation revocation proceedings result in the vacating
of 2 or more parts of the suspension of execution as to imprisonment on the same sentence,
the portions to be served must be served successively.
2007, c. 344, §3 (NEW)
1975, c. 499, §1 (NEW).
1975, c. 740, §113 (AMD).
1977, c. 510, §73 (RPR).
1979, c. 512, §§42,43 (AMD).
1983, c. 450, §§5-9 (AMD).
1989, c. 693, §4 (AMD).
1989, c. 728, §1 (AMD).
1993, c. 234, §§1,2 (AMD).
1997, c. 273, §2 (AMD).
1999, c. 246, §§4-7 (AMD).
1999, c. 788, §6 (AMD).
2005, c. 507, §§14,15 (AMD).
2007, c. 344, §3 (AMD).
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