An Act To Eliminate Administrative Preliminary Hearings for Probationers
Maine Legislature, Session 122, LD 1868
Committee: Criminal Justice and Public Safety
Sponsors: PLUMMER, GROSE, RECTOR, MAYO
Amends: 17-A MRSA §1205, 17-A MRSA §1205-A, 17-A MRSA §1205-B

Legislative Document 
No. 1868 
H.P.1308 
House of Representatives, January 3,2006 
An Act To Eliminate Administrative Preliminary Hearings for 
Probationers 
Submitted by the Department of Corrections pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 28, 2005. Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
Presented by Representative PLUMMER of Windham. 
7rJ~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: GROSE of Woolwich, RECTOR of Thomaston, Senator: 
MAYO of Sagadahoc. 
Printed on recycled paper 
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, §l, is further amended to read: 
4. 
A person arrested pursuant to subsection IT--w-i-t-h--eF 
without a warrantT must be afforded a pFeliminaFY probable cause 
hearing as soon as reasonably possible, but not later than on the 
3rd day after arrest, excluding Saturdays, Sundays and holidaysT 
in-aeeeFeanee-wi~~~~~~~~--~~~-~&-see~ieR-16G§-A. A 
pFeliminaFY probable cause hearing may not be afforded if, within 
the 3-day period, the person is released on bailor is afforded 
an opportunity for a court hearing on the alleged violation. 
A 
pFeliminaFY 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, that hearing 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. 
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, §l, is further amended to read: 
6. 
Whenever a person is entitled to a pFeliminaFY probable 
~ 
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. 
4.6 
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 
Page l-LR30l5(1) 
arrest of the person. 
After arrest, the person must be afforded 
a 
~FelimiaaFY ~obable cau~ hearing as provided in section 1205 
and, if retained in custody, section 1205-C, subsection 3 applies. 
Sec. 5. 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 be accompanied by 
t:Re--Wl"-i-t-t-e-n--6~a~emeat: 
~Fe~aFea-~~-~~-seet:iea-~~~-~~-6 a copy of the 
warrant of arrest. the finding of probable cause or ay-~~-9f 
the summons delivered to the probationer unless the person is to 
be afforded a probable cause hearing, 
as provided in section 
1205, at the initial appearance. 
SUMMARY 
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.