An Act to Eliminate Administrative Preliminary Hearings for Probationers
Maine Legislature, Session 122, LD 1868
Committee Amendment CA_A_H796 (House)
Amends: 17-A MRSA §120

COMMITTEE AMENDMENT "A" to H.P. 1308, L.D. 1868, Bill, 
Act 
To 
Eliminate 
Probationers" 
Administrative 
Preliminary 
Hearings 
"An 
for 
Amend 
the bill by striking out all of 
section 
and 
inserting in its place the following: 
'Sec. 1. 17·A MRSA §1205, sub·§4, as amended by PL 1999, c. 
246, §l, is further amended to read: 
4. 
A person arrested pursuant to subsection 1, with or 
without a warrant, must be afforded a 
~rel~ffi~Rary probable cause 
hearing as soon as reasonably possible, but not later than on tb~ 
Jre 5th day after arrest, 
excluding Saturdays, 
Sundays 
and 
holidaysT-4.Ji-~-danoe--w-j,.t-h--~*-~reeeeQ~e6--6-et.-..f~-t-h--j,.~,..-see~~eR 
la95-A. 
A ~rel~m~Bary probable cause hearing may not be afforded 
if, within the J-eay 5-day period, the person is released eR-sail 
from custody or is afforded an opportunity for a court hearing on 
the alleged violation. 
A ~rel~ffi~Bary 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 CQurt located as near to the place where the 
violation is alleged tQ have taken place as is reasQnable 
under the circumstances. 
If it is alleged that the person 
Page l-LR30l5(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A .. to H.P. 1308, L.D. 1868 
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. 
Eyidence 
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.' 
Further amend the bill by striking out all of sections 4 and 
and inserting in their place the following: 
'Sec. 4. 17-A MRSA §120S-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 pFe~~m~aaFY probable cause hearing as provided in section 1205L 
subsection 4 
andT--i.f--{'-e-t-a-i-ned--j,.&-e~6€eaYT an initial appearance 
as provided in section 1205-C, subsection 3 app~~es. 
Sec. S. 17-A MRSA §120S-C, sub-§l, 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 § l 
days, excluding Saturdays, Sundays and holidays, of the arrest of 
a probationer pursuant to section 1205. 
Sec. 6. 17-A MRSA §120S-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 
Eae--wF~EEeB--sEaEemeBt 
pFepaFea-p~~6~aR~-~~~~~~~~~~-~-eF-ay a copy of 
the summons delivered to the probationer. 
Sec. 7. 17-A MRSA §120S-C, sub-§3, as enacted by PL 1999, c. 
246, §3, is amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A .. to H.P. l308, L.D. 1868 
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 
~ days after the arrestk 
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. Effective date. 
This Act takes effect January 1, 2007.' 
Further amend the bill by relettering or renumbering any 
nonconsecutive 
Part 
letter 
or 
section 
number 
to 
read 
consecutively. 
SUMMARY 
This amendment requires the court to hold probable cause 
hearings within 
days 
after an-est instead of 
days, 
as 
required by the bill. 
The 
amendment specifies that evidence 
presented to establish probable cause may include affidavits and 
other reliable hearsay evidence as permitted by the court. 
The 
amendment also adds an effective date of January 1, 2007. 
FISCAL .'\OTf rn::01 iRED 
. 
~ 
_(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/27/05 ;t;?ac:.. 
LD 1868 
LR 3015(02) 
An Act to Eliminate Administrative Preliminary Hearings for Probationers 
Fiscal Note for Bill as Amended by Committee Amendment ,A" 
Committee: Criminal Justice and Public Safety 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2005-06 
$0 
$0 
2006-07 
$0 
$0 
Projections 
2007-08 
$36,355 
$36,355 
Projections 
2008-09 
$73,871 
$73,fs , 
This legislation will require a General Fund appropriation of$36,355 in fiscal year 2007-08 and $73,871 in fiscal year 
2008-09 to the Judicial Department for increased indigent counsel costs. 
The Department of Corrections will absorb its additional costs resulting from this legislation utilizing existing 
budgeted resources. 
LR30 15(2) - Fiscal Note - Page 1 of 1