|
| 3.__Upon receipt of a motion for revocation of probation with | respect to a person arrested pursuant to section 1205 or section | 1205-B, subsection 4 who is not sooner released, the court shall | provide the person with an initial appearance on the revocation of | probation within 14 days after the arrest.__A copy of the motion | must be furnished to the probationer prior to or at the initial | appearance. |
|
| | 4.__At the initial appearance, the court shall advise the | probationer of the contents of the motion and the right to a | hearing on the motion.__The court shall call upon the probationer | to admit or deny the alleged violation.__If the probationer | refuses to admit or deny, a denial must be entered.__In the case | of a denial, the court shall set the motion for hearing and may | commit the person, with or without bail, pending hearing. |
|
| | 5.__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. |
|
| | 6.__Failure to comply with the time limits set forth in this | section is not grounds for dismissal of a motion for probation | revocation but may be grounds for the probationer's release on | personal recognizance pending further proceedings. |
|
| | Sec. 4. 17-A MRSA §1206, sub-§1, as repealed and replaced by PL 1977, | c. 510, §73, is repealed. |
|
| | Sec. 5. 17-A MRSA §1206, sub-§3, as amended by PL 1997, c. 273, §2, is | repealed. |
|
| | Sec. 6. 17-A MRSA §1206, sub-§7-A, as amended by PL 1983, c. 450, §8, | is further amended to read: |
|
| | 7-A. Upon revocation a finding of a violation of probation | pursuant to subsection 5, 6 or 7, the court may vacate, in whole | or in part, all, part or none of the suspension of execution as | to imprisonment or fine specified when probation was granted, | considering the nature of the violation and the reasons for | granting probation. The remaining portion of the sentence for | which suspension of execution is not vacated upon the revocation | of probation shall remain remains suspended and subject to |
|
|