Sec. 3. 17-A MRSA §§1205-B and 1205-C are enacted to read:

§1205-B.__Commencement of probation revocation proceedings by

summons

1.__If a probation officer has probable cause to believe that a person on probation has violated a condition of probation, that officer may deliver to that person, or cause to be delivered to that person, a summons ordering that person to appear for a court hearing on the alleged violation.

2.__The summons delivered pursuant to subsection 1 must 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 or a statement that the court will notify the person of the time, place and date to appear.__As soon as practical after service of the summons, the probation officer shall file with the court a motion for revocation of probation that sets forth the facts underlying the alleged violation.

3.__A person appearing on a motion to revoke probation pursuant to a summons must be afforded an initial appearance as provided in section 1205-C, subsection 4.

4.__If the person fails to appear in court after having been served with a summons, the court may issue a warrant for the arrest of the person.__After arrest, the person must be afforded a preliminary hearing as provided in section 1205 and, if retained in custody, section 1205-C, subsection 3 applies.

§1205-C.__Initial proceedings on probation violation; filing of

motion; initial appearance

1.__A motion for probation revocation must be filed within 5 days, excluding Saturdays, Sundays and holidays, of the arrest of a probationer pursuant to section 1205.

2.__The motion must set forth the facts underlying the alleged violation and be accompanied by the written statement prepared pursuant to section 1205-A, subsection 3 or by a copy of the summons delivered to the probationer.