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subsection 2. A copy of the motion shall be furnished to the person | on probation prior to the court hearing on the alleged violation. | | A preliminary hearing may not be afforded if the person is charged | | with or convicted of a new offense and is incarcerated as a result | | of the pending charge or conviction. |
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| | | 5. If a person on probation is charged with or convicted of a | new offense and is incarcerated as a result of the pending charge | or conviction, a motion for revocation as described in subsection | 2 may be filed with the court. Upon filing of the motion, the | court may order the person committed with or without bail, | pending the court hearing or pending the preliminary hearing. A | person incarcerated pursuant to this subsection shall be afforded | a preliminary hearing only if he has been released on bail on the | pending criminal charge or pending appeal following a conviction, | and has not been released on bail on the alleged violation of | probation and has not been afforded a court hearing within the | time period specified in subsection 4. A person not entitled to a | preliminary hearing under this subsection shall be furnished with | a copy of the motion prior to the court hearing on the alleged | violation. |
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| | | 6. Whenever a person is entitled to a preliminary hearing | pursuant to subsection 4 or 5 | within the time period specified in subsection 4 shall | grounds for his | | pending further proceedings. |
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| | | 7. The running of the period of probation shall be tolled | upon either the delivery of the summons, the filing of the | written notice with the court that the person cannot be located, | or the arrest of the person, as provided for in subsection 1. If | there is a finding of no probable cause, or if the court does not | revoke probation, the running of the period of probation shall be | deemed not to have been tolled. |
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| | | 8. In deciding whether to set bail under this section and in | setting the kind and amount of that bail, the court must be | guided by the standards of post-conviction bail in Title 15, | section 1051, subsections 2 and 3. Appeal is governed by Title | 15, section 1051, subsections 5 and 6. Bail set under this | section is also governed by the sureties and other forms of bail | provisions in Title 15, chapter 105-A, subchapter IV and the | enforcement provisions in Title 15, chapter 105-A, subchapter V, | articles 1 and 3, including the appeal provisions in Title 15, | section 1099-A, subsection 2. |
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| | | Sec. 2. 17-A MRSA §1205-A, as amended by PL 1995, c. 502, Pt. F, | | §14, is further amended to read: |
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