PUBLIC LAWS
Second Regular Session of the 122nd

CHAPTER 661
H.P. 1308 - L.D. 1868

An Act To Eliminate Administrative Preliminary Hearings for Probationers

Be it enacted by the People of the State of Maine as follows:

     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 5th 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 5-day period, the person is released on bail from custody 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, unless the person waives the right to the hearing, that hearing must be afforded at the initial appearance and 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. 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.

     Sec. 7. 17-A MRSA §1205-C, sub-§3, as enacted by PL 1999, c. 246, §3, is amended to read:

     3. Upon receipt of a motion for revocation of probation with respect to a person arrested pursuant to section 1205 or section 1205-B, subsection 4 who is not sooner released, the court shall provide the person with an initial appearance on the revocation of probation within 14 5 days after the arrest, excluding Saturdays, Sundays and holidays. A copy of the motion must be furnished to the probationer prior to or at the initial appearance.

     Sec. 8. Appropriations and allocations. The following appropriations and allocations are made.

JUDICIAL DEPARTMENT
Courts - Supreme, Superior, District and Administrative 0063
Initiative: Appropriates funds for court-appointed attorneys.
GENERAL FUND 2005-06 2006-07

All Other $0 $36,355

__________ __________

GENERAL FUND TOTAL $0 $36,355

JUDICIAL DEPARTMENT
DEPARTMENT TOTALS 2005-06 2006-07

GENERAL FUND $0 $36,355

__________ __________

DEPARTMENT TOTAL -
ALL FUNDS $0 $36,355

CORRECTIONS, DEPARTMENT OF
Adult Community Corrections 0124
Initiative: Deappropriates savings resulting from reduced overtime of probation officers. It also deappropriates savings resulting from the delay in ordering cars.
GENERAL FUND 2005-06 2006-07

Personal Services $0 ($8,332)
All Other $0 ($8,333)

__________ __________

GENERAL FUND TOTAL $0 ($16,665)

County Jail Prisoner Support and Community Corrections Fund 0888
Initiative: Deappropriates funds to achieve savings.
GENERAL FUND 2005-06 2006-07

All Other $0 ($19,690)

__________ __________

GENERAL FUND TOTAL $0 ($19,690)

CORRECTIONS, DEPARTMENT OF
DEPARTMENT TOTALS 2005-06 2006-07

GENERAL FUND $0 ($36,355)

__________ __________

DEPARTMENT TOTAL -
ALL FUNDS $0 ($36,355)

SECTION TOTALS 2005-06 2006-07

GENERAL FUND $0 $0

__________ __________

SECTION TOTAL -
ALL FUNDS $0 $0

     Sec. 9. Effective date. This Act takes effect January 1, 2007.

Effective January 1, 2007.

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