Is there a standard waiver for a probable cause hearing?

• No. States should follow the elements of a waiver that inform the supervised individual of the consequences of a waiver in writing to prevent any question as to the voluntary nature of the admission and waiver.

What happens if probable cause is not established?

• A supervised individual cannot continue to be detained by the receiving state without probable cause.

Outside of obtaining a valid waiver or a new conviction prior to retaking, in what other instances are PC hearings not required?

• Considering the unique nature of violation cases, states should seek guidance from local legal counsel, especially when the necessity for a probable cause hearing or the appropriate level of such a hearing is unclear. In cases of uncertainty, particularly regarding the sending state's intention to revoke, the supervised individual should be granted a probable cause hearing, as outlined in Rule 5.108.

What may result from requiring retaking without enforcing good documentation standards in a probable cause hearing?

• Without proper documentation that may simply include a written record of proceedings that articulate facts and circumstances forming the basis of retaking, a sending state may conclude that insufficient evidence exists to justify the retaking.

When a violation report requiring retaking is submitted by the receiving state per Rule 5.103, is it the receiving state’s responsibility to conduct the probable cause hearing or, does the responsibility fall on the sending state to request the hearing?

• Effectively managing retaking procedures for technical violations and behavior deemed revocable by a receiving state under Rule 5.103 necessitates substantial coordination and communication between the sending and receiving states to ensure thorough documentation and adherence to due process. When a receiving state submits a violation report requiring retaking, it is assumed, based on the provided documentation, that incarceration and revocation are warranted. Therefore, either state can initiate a probable cause hearing. In cases where the sending state's intent to revoke is not clear, the supervised individual should be afforded a probable cause hearing under Rule 5.108 before retaking occurs.

If a probable cause hearing is requested by the sending state per Rule 5.108 upon receipt of a violation report submitted per Rule 5.103, do the time frames outlined in Rules 5.103 and 5.108 start after receipt of the probable cause hearing results? 

• When a probable cause hearing is requested upon receipt of a violation report requiring retaking for technical violations and behavior deemed revocable by a receiving state under Rule 5.103, the timeframes outlined in Rule 5.103 are suspended pending the probable cause hearing. Once the hearing is conducted or probable cause is established via waiver, the receiving state furnishes the probable cause documentation. If probable cause is established, the sending state has 15 business days to notify the receiving state of their decision to issue a warrant for retaking or to order the individual to return to the sending state.

Are warrants for violation reports requiring retaking (including absconders,) supposed to be issued within 15 business days of receiving the violation report or violation report response? Additionally, how does this process apply to cases in which the sending state would like probable cause established for behavior requiring retaking?

• As outlined in each rule, warrants must be issued within 15 business days of receiving the violation report. The only exception to this rule occurs when behavior requiring retaking is reported, and the sending state requests probable cause in its initial response. In such cases, the warrant must be issued after probable cause is established for the revocable behavior, and the decision to retake is made by the sending state.

Is a probable cause hearing required when a sending state invokes Rule 5.101 Discretionary Retake by the sending state? 

• It is important to emphasize the distinction between retaking that may result in revocation and retaking that will not result in revocation. When there is no danger that the sending state will revoke the supervised individual’s probation or parole supervision, the individual is not entitled to a probable cause proceeding prior to retaking. 
• By contrast, however, if there is any question regarding the intent of the sending state to revoke a supervised individual’s conditional release based on violations in the receiving state, they should be afforded a probable cause hearing as provided in Rule 5.108.

Is a hearing officer permitted to communicate with their state’s Interstate Compact Office? 

• An officer may communicate with their state’s Interstate Compact office at any time before a supervised individual is retaken. Please use the directory for each state’s Interstate Compact office located on the ICAOS website (www.interstatecompact.org). The directory references each state’s Commissioner, deputy compact administrator, and state council members who may be of assistance.