LD 1871
pg. 5
Page 4 of 8 An Act to Revise Procedures for Probation Revocation Page 6 of 8
Download Bill Text
LR 1586
Item 1

 
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Sec. 4. 17-A MRSA §1206, sub-§1, as repealed and replaced by PL 1977,
c. 510, §73, is repealed.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repealed.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


Page 4 of 8 Top of Page Page 6 of 8