If the hearing officer determines that probable cause exists and the supervised individual has committed the alleged violations, the receiving state may detain the individual in custody pending the outcome of decisions in the sending state. Within 15 business days of receipt of the probable cause hearing report, the sending state must notify the receiving state of its intent to (1) retake the supervised individual, or (2) take other action. See Rule 5.108(h). The sending state must retake a supervised individual within 30 calendar days of the decision to retake. Therefore, it is conceivable that a receiving state may have to hold a supervised individual for up to 45 days after the hearing officer issues a report. If held in custody by the receiving state, the supervised individual cannot be admitted to bail or otherwise released from custody. See Rule 5.105(c). See also discussion at § 5.9. The cost of incarceration is the responsibility of the receiving state. See Rule 5.105(d).
Rule 5.108 also establishes mandatory deadlines for the sending state following the issuance of the hearing officer’s report. Failure to comply with these requirements may give rise to challenges regarding the lawfulness of incarceration in either the sending or receiving state. See, Braden v. 30th Judicial Cir. Ct, 410 U.S. 484 (1973) (holding that a habeas corpus petition is not limited to the territorial limits of the district where a petitioner is physically present).
PRACTICE NOTE
If the hearing officer does not find probable cause that the supervised individual committed the alleged violations, the receiving state must continue supervision. See Rule 5.108(i). The supervised individual must be released if they are in custody. See Rule 5.108(i) (2) & (3). Additionally, the receiving state must notify the sending state of its determination at which point the sending state must vacate any warrant it has issued. Likewise, the receiving state must vacate any warrant it has issued.