Section 1809 - Commencement of probation revocation proceedings by arrest1.Authority of probation officer. If a probation officer has probable cause to believe that a person on probation has violated a condition of that person's probation, that officer may arrest the person or cause the person to be arrested for the alleged violation. If the probation officer cannot, with due diligence, locate the person, the officer shall file a written notice of this fact with the court that placed the person on probation. Upon the filing of that written notice, the court shall issue a warrant for the arrest of that person. This subsection does not apply to a violation of a condition of probation imposed pursuant to section 1807, subsection 2, paragraph I when there is no alleged violation that constitutes a crime, except as set out in section 1814. [2021, c. 403, §1(AMD).]
2.Probable cause hearing; timing; evidence. A person arrested pursuant to subsection 1, with or without a warrant, must be given a probable cause hearing as soon as reasonably possible, but not later than on the 5th day after arrest, excluding Saturdays, Sundays and holidays. A probable cause hearing is not given if, within the 5-day period, the person is released from custody or is afforded an opportunity for a court hearing on the alleged violation. A 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 held at the initial appearance and may be held in the 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. [2019, c. 113, Pt. A, §2(NEW).]B. Evidence presented to establish probable cause may include affidavits and other reliable hearsay evidence as permitted by the court. [2019, c. 113, Pt. A, §2(NEW).]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. [2019, c. 113, Pt. A, §2(NEW).] [2019, c. 113, Pt. A, §2(NEW).]
3.Failure to hold probable cause hearing within required time period. If a probable cause hearing is not held as required by subsection 2 within the time period specified in subsection 2, it is grounds for the person's release on personal recognizance pending further proceedings. [2019, c. 113, Pt. A, §2(NEW).]
Amended by 2021SP1, c. 403,§ 1, eff. 10/18/2021.Added by 2019, c. 113,§ A-2, eff. 5/16/2019.