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Bench Book - 4.7.3.3 Probable Cause Hearings Waiver

The supervised individual may waive this hearing only if she or he admits to one or more violations of their supervision. See Rule 5.108(b), also Sanders v. Pennsylvania Board of Probation and Parole, 958 A.2d 582 (2008). Waiving the probable cause hearing has dual implications. Firstly, it means the supervised individual forfeits the right to an on-site hearing where the receiving state must present evidence of the violations. Secondly, and more significantly, by waiving the hearing, the supervised individual implicitly acknowledges that their actions could warrant revocation of supervised release if they were solely under the jurisdiction of the receiving state.

The critical elements of such a waiver are:

  1. The supervised individual is apprised of the right to a probable cause hearing;
  2. The supervised individual is apprised of the facts and circumstances supporting their retaking;
  3. The supervised individual is apprised that by waiving the right to a hearing, he or she is also waiving the right to contest the facts and circumstances supporting their retaking;
  4. The supervised individual admits in writing to one or more violations of their supervision; and,
  5. The supervised individual is apprised in writing that by admitting to the offenses, the supervised release may be revoked by the sending state based on the admissions.

References

Definitions

Click terms below to reveal definitions used in this rule.

Behavior Requiring Retaking – means an act or pattern of non-compliance with conditions of supervision that could not be successfully addressed through the use of documented corrective action or graduated responses and would result in a request for revocation of supervision in the receiving state.

Probable Cause Hearing – a hearing in compliance with the decisions of the U.S. Supreme Court, conducted on behalf of a supervised individual accused of violating the terms or conditions of the supervised individual‘s parole or probation.

Retaking - means the act of a sending state physically removing or causing to have a supervised individual removed, from a receiving state.

Waiver – means the voluntary relinquishment, in writing, of a known constitutional right or other right, claim or privilege by a supervised individual.