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arrest of the person. After arrest, the person must be afforded a | preliminary | | if retained in custody, section 1205-C, subsection 3 applies. |
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| | | Sec. 5. 17-A MRSA §1205-C, sub-§2, as enacted by PL 1999, c. 246, §3, | | is amended to read: |
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| | | 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 | arrest, the finding of probable cause or by a copy of | | delivered to the probationer unless the person is to be afforded | | a probable cause hearing, as provided in section 1205, at the | | initial appearance. |
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| | | 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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