The offender 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). The effect of waiving the probable cause hearing is twofold. First, the offender is not entitled to an on-site probable cause hearing at which the receiving state is required to present evidence of the violations. Second, and more important, the offender’s waiver is, in effect, an admission that they have committed an offense of sufficient gravity as to justify revocation of release had the offender been under the exclusive control of the receiving state. Thus, by waiving the hearing, the offender is implicitly admitting that their actions could justify revocation of supervised release.
The critical elements of such a waiver are:
- The offender is apprised of the right to a probable cause hearing;
- The offender is apprised of the facts and circumstances supporting their retaking;
- The offender 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;
- The offender admits in writing to one or more violations of their supervision; and,
- The offender is apprised in writing that by admitting to the offenses, supervised release may be revoked by the sending state based on the admissions.
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 an offender accused of violating the terms or conditions of the offender‘s parole or probation.
Retaking – means the act of a sending state in physically removing an offender, or causing to have an offender removed, from a receiving state.
Waiver – means the voluntary relinquishment, in writing, of a known constitutional right or other right, claim or privilege by an offender.