(a) A supervised individual subject to retaking that may result in a revocation shall be afforded the opportunity for a probable cause hearing before a neutral and detached hearing officer in or reasonably near the place where the alleged violation occurred.
(b) A receiving state shall conduct a probable cause hearing within 30 calendar days of a request made by a sending state for a supervised individual subject to retaking unless the supervised individual requests and is granted a postponement by the hearing officer
(c) No waiver of a probable cause hearing shall be accepted unless accompanied by an admission by the supervised individual to 1 or more violations of the conditions of supervision that would result in the pursuance of revocation of supervision in the receiving state and require retaking.
(d) A copy of a judgment of conviction regarding the conviction of a new criminal offense shall be deemed conclusive proof that a supervised individual may be retaken by a sending state without the need for further proceedings.
(e) The supervised individual shall be entitled to the following rights at the probable cause hearing:
Written notice of the alleged violation(s);
Disclosure of non–privileged or non–confidential evidence regarding the alleged violation(s);
The opportunity to be heard in person and to present witnesses and documentary evidence relevant to the alleged violation(s);
The opportunity to confront and cross–examine adverse witnesses, unless the hearing officer determines that a risk of harm to a witness exists.
(f) The receiving state shall prepare and submit to the sending state a written report within 10 business days of the hearing that identifies the time, date and location of the hearing; lists the parties present at the hearing; documents the alleged violations of conditions and the hearing officer's finding on each violation; and includes a clear and concise summary of the testimony taken and the evidence relied upon in rendering the decision. Any evidence or record generated during a probable cause hearing shall be forwarded to the sending state.
(g) The supervised individual shall not be considered available for retaking pursuant to Rule 5.105 Managing Retaking Processes & Procedures until the results of the probable cause hearing have been submitted to the sending state
(h) If the hearing officer determines that there is probable cause to believe that the supervised individual has committed the alleged violations of conditions of supervision that would result in the pursuance of revocation of supervision, the receiving state may hold the individual in custody, and the sending state shall, within 15 business days of receipt of the hearing officer’s report, notify the receiving state of the decision to retake or other action to be taken.
(i) If probable cause is not established, the receiving state shall:
Continue supervision if the supervised individual is not in custody.
Notify the sending state to vacate the warrant, and continue supervision upon release if the supervised individual is in custody on the sending state’s warrant.
Vacate the receiving state’s warrant and release the supervised individual back to supervision within 24 hours of the hearing if the individual is in custody.
References:
ICAOS Hearing Officers Guide
Case Law
Gagnon v. Scarpelli, 411 U.S. 778 (1973)
Ogden v. Klundt, 550 P.2d 36, 39 (Wash. Ct. App. 1976)
See, People ex rel. Crawford v. State, 329 N.Y.S.2d 739 (N.Y. 1972)
State ex rel. Nagy v. Alvis, 90 N.E.2d 582 (Ohio 1950)
State ex rel. Reddin v. Meekma, 306 N.W.2d 664 (Wis. 1981)
Bills v. Shulsen, 700 P.2d 317 (Utah 1985)
California v. Crump, 433 A.2d 791 (N.J. Super. Ct. App. Div. 1981)
California v. Crump, 433 A.2d at 794, Fisher v. Crist, 594 P.2d 1140 (Mont. 1979)
State v. Maglio, 459 A.2d 1209 (N.J. Super. Ct. 1979)
In re Hayes, 468 N.E.2d 1083 (Mass. Ct. App. 1984)
Morrissey v. Brewer, 408 U.S. 471 (1972)
In State v. Hill, 334 N.W.2d 746 (Iowa 1983)
See e.g., State ex rel. Ohio Adult Parole Authority v. Coniglio, 610 N.E.2d 1196, 1198 (Ohio Ct. App. 1993
History: Adopted November 4, 2003, effective August 1, 2004; amended October 4, 2006, effective January 1, 2007; amended September 26, 2007, effective January 1, 2008; amended August 28, 2013, effective March 1, 2014; amended September 14, 2016, effective June 1, 2017; amended September 29, 2021, effective April 1, 2022: amended September 20 2023, effective March 1, 2024, amended September 11, 2024, effective November 1, 2024; amended October 1, 2025, effective April 1, 2026