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subsection 2 except that the summons must include the signature of | | a law enforcement officer other than a probation officer. |
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| | | 2.__A person placed on administrative release appearing on a | | motion to revoke administrative release pursuant to a summons | | must be afforded an initial appearance as provided in section | | 1205-C, subsection 4. |
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| | | 3.__If the person placed on administrative release 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 of the person, the court shall afford the person a | | preliminary hearing as provided in section 1205, subsection 4, | | and, if retained in custody, section 1205-C, subsection 3 | | applies. |
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| | | 4.__If the person placed on administrative release can be | | located and served a summons, the attorney for the State may not | | commence the administrative release proceeding by having the | | person arrested.__However, if the person can not, with due | | diligence, be located, the attorney for the State shall file a | | written notice of this fact with the court and obtain a warrant | | of arrest under Rule 41 of the Maine Rules of Criminal Procedure.__ | | Unless sooner released, the court shall provide the person with | | an initial appearance on the revocation of administrative release | | within 14 days after arrest.__A copy of the motion must be | | furnished to the person prior to or at the initial appearance.__ | | The initial appearance is as provided in section 1205-C, | | subsection 4.__Bail is as provided in section 1205-C, subsections | | 5 and 6. |
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| | | §1349-E.__Court hearing on administrative release revocation |
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| | | The hearing on a motion to revoke administrative release is as | | provided under section 1206, except that subsections 7-B and 9 do | | not apply. |
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| | | Review of a revocation of administrative release pursuant to | | section 1349-E must be by appeal.__The appeal is as provided | | under section 1207. |
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| | | Sec. A-20. 34-A MRSA §1210-A, sub-§5, as enacted by PL 1997, c. 753, | | §2, is repealed and the following enacted in its place: |
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| | | 5.__Community corrections program account.__Each county | | treasurer shall place 20% of the funds received from the | | department pursuant to this section into a separate community | | corrections program account.__A county may use funds placed in |
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