Rule 708.1 - Violation of Probation, Probation with Restrictive Conditions, or ParoleUnless otherwise specifically noted, procedures established by this Rule shall apply to violations of probation, probation with restrictive conditions, and/or parole, regardless of which particular form of supervision is involved.
A.Gagnon I Hearing Master: The President Judge shall appoint an attorney authorized to practice before the Court to conduct Gagnon I hearings.B.Gagnon I Hearings: Court Administration shall create and distribute an annual calendar for which there shall be monthly Gagnon I Hearings. Defendants not in custody shall be scheduled by Court order at least three (3) weeks in advance of the hearing date. When a defendant has been committed to Adams County Adult Correctional Complex because of a violation, and no other detainers require commitment, hearings may be more promptly scheduled. The master shall promptly file with the Court preliminary findings and recommendations.C.Gagnon II Hearings: Gagnon II hearings shall be conducted on Revocation Day and normally scheduled by Court order at least three (3) weeks in advance. As in the case of Gagnon I hearings, hearings may be more promptly scheduled when a defendant is incarcerated.D.Failure to appear: A judge may order that a bench warrant issue for the arrest of any defendant who fails to appear at a hearing. Any person so arrested shall be produced before a judge within 72 hours after being placed in the Adams County Adult Correctional Complex. The judge shall explain the reasons defendant is being held, the right to counsel and to hearing(s) on the charges and the possible consequences of being found in violation. 1. Normally, when defendant has been arrested for failure to appear at a Gagnon I hearing, appearance before a judge shall suffice and be in lieu of that hearing. However, a Gagnon I hearing may be scheduled at defendant's request.2. Defendant may admit some or all of the alleged violations, but shall be under no obligation to deny them.3. If bail is set, it shall be conditioned on the defendant appearing at the next regularly scheduled Gagnon I or Gagnon II hearing date that follows arrest as ordered. Comment: Although scheduling pursuant to this local rule is intended to reflect a balance between the necessity to prepare for hearings and defendant's interest in prompt disposition of charges, considerations of reasonableness may dictate either earlier or later hearings. Nothing in these rules shall preclude requests for special scheduling.
E.Commencement of proceedings: Revocation proceedings may be commenced by petition and rule to show cause or by arrest. When commenced by arrest, defendant shall be produced before a judge without unnecessary delay. If possible, defendant shall be produced within 72 hours of placement at Adams County Prison.Amended effective 10/17/2022; amended effective 5/29/2023; amended effective 5/29/2023; amended effective 12/18/2023; amended effective 8/12/2024.