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Hearing Officer's Guide - III. Probable Cause Hearing Waiver

Rule 5.108 allows a supervised individual to waive a probable cause hearing. However, no waiver can be accepted unless the supervised individual admits to one or more violations of their supervision that would result in the pursuance of revocation in the receiving state and require retaking. The components of such a waiver include informing the supervised individual of their right to a probable cause hearing, detailing the facts and circumstances justifying their retaking, and clarifying that the waiver forfeits their right to contest these facts and circumstances.

By waiving a probable cause hearing the supervised individual:

  1. Forgoes entitlement to an on-site probable cause hearing where the receiving state is obligated to present evidence of the violations.  
  2. Admits in writing to one or more violations of their supervision to a degree serious enough it would warrant revocation had the supervised individual been under the exclusive control of the receiving state.  

Officials in the receiving state must furnish written documentation to the supervised individual outlining the potential consequences of waiving the hearing. This will prevent any future doubts regarding the voluntary nature of the admission and waiver. 

References

Definitions

Click terms below to reveal definitions used in this rule.

Retaking – means the act of a sending state in physically removing an offender, or causing to have an offender removed, from a receiving state.