probationer

1. Whenever it appears that a person arrested for an alleged violation of probation is entitled to a preliminary hearing under section 1205, the probation officer shall forthwith furnish the person with a written notice of a preliminary hearing to determine whether there is probable cause to believe that the person has violated a condition of his that person's probation. The notice shall must name the place and time of the preliminary hearing, state the conduct alleged to constitute the violation, and inform the person of his the person's rights under this section.

2. The preliminary hearing must be held before an official designated by the Commissioner of Corrections. It must be held at a location 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 preliminary hearing is limited to the issue of identification, if probable cause on the new offense has been found by the District Court, or the person has been indicted, has waived indictment or has been convicted.

3. At the preliminary hearing, the person alleged to have violated a condition of probation has the right to confront and cross-examine persons who have information to give against that person, the right to present evidence on that person's behalf and the right to remain silent. If the hearing officer determines on the basis of the evidence before the officer that there is not probable cause to believe that a condition of probation has been violated, the officer shall terminate the proceedings and order the person on probation released at once from any detention resulting from the alleged violation. If the hearing officer determines that there is such probable cause, the officer shall prepare a written statement summarizing the evidence that was brought before the officer, and particularly describing that which supports the belief that there is probable cause. At the outset of the preliminary hearing, the hearing officer shall inform the person of that person's rights under this section and of the provisions of section 1206. That person may waive, at the preliminary hearing, the right to confront and cross-examine witnesses against that person, the right to present evidence on that person's behalf and the right to remain silent. No other rights may then be waived, nor may there be a waiver of the right to a preliminary hearing.

4. If, as a result of a preliminary hearing held under this section, there is a determination of probable cause, the Commissioner of Corrections, or the commissioner's designated