Sec. 1. 17-A MRSA §1205, as amended by PL 1997, c. 273, §1, is further amended to read:

§1205. Commencement of probation revocation proceedings by arrest

1. 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 deliver a summons to that person ordering that person to appear for a court hearing on cause the person to be arrested for the alleged violation. If the probation officer can not, with due diligence, locate the person in order to arrest the person or serve a summons on that person, that 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.

2. The summons delivered pursuant to subsection 1 shall include the signature of the probation officer, a brief statement of the alleged violation, the time and place of the alleged violation and the time, place and date the person is to appear in court. As soon as practicable after service of the summons, the probation officer shall file with the court a motion for revocation of probation, which shall set forth in detail the facts underlying the alleged violation. A copy of the motion shall be furnished to the person on probation prior to the court hearing on the alleged violation.

3. If the person fails to appear in court after having been served with a summons, or if written notice is filed with the court that the person cannot be located, the court may issue a warrant for the arrest of the person. The court may then order the person committed with or without bail, pending the court hearing or pending a preliminary hearing, if the person is entitled to such a hearing under subsection 4.

4. A person arrested pursuant to subsections subsection 1 or 3 shall, with or without a warrant, must be afforded a preliminary hearing as soon as reasonably possible, but not later than on the 3rd day after arrest, excluding Saturdays, Sundays and holidays, in accordance with the procedures set forth in section 1205-A. No A preliminary hearing shall may not be afforded if, within the 3-day period, the person is released on bail or is afforded an opportunity for a court hearing on the alleged violation. If a person is arrested pursuant to subsections 1 or 3, but is not entitled to a preliminary hearing under this subsection, the probation officer shall file with the court a motion for revocation of probation, as described in