When a receiving state determines that a supervised individual has absconded and the individual is subsequently apprehended, probable cause must be established pursuant to Rule 5.108 before the sending state may retake the individual from the receiving state. This requirement applies to absconders and ensures that retaking occurs only after appropriate procedural safeguards have been satisfied. It does not automatically apply to all violations unless revocation of supervision is being pursued or may be pursued by the sending state. The probable cause hearing serves two purposes: (1) to determine whether sufficient evidence supports the alleged violations, and (2) to create a record for use in the sending state’s revocation proceedings.
Although transfer of supervision is a privilege and not a right, once conditional liberty has been granted, it may not be revoked arbitrarily. The Due Process Clause requires minimum procedural safeguards before revocation of conditional release. See Morrissey v. Brewer, 408 U.S. 471 (1972); Gagnon v. Scarpelli, 411 U.S. 778 (1973). Thus, while a supervised individual has no inherent right to relocate between states, once relocation has been authorized under the compact, its withdrawal must comply with due process.