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