Authority of Officials 

Officers from the sending state are required to establish their authority to retake the supervised individual. Sending and/or receiving state officials must demonstrate the supervised individual in custody and subject to retaking is indeed the correct person.

Due Process Violations

Allegations of due process violations in the actual revocation of probation or parole are matters properly addressed during proceedings in the sending state after the supervised individual’s return. See the following applicable case law:

• 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)

Absconders

In situations involving supervised individuals who are apprehended for absconding, the provision for a hearing may be substantially less. States must recognize the crucial role of communication in assessing the need for a probable cause hearing and determining its level. Officials tasked with conducting the hearing must ensure, based on the documents presented, that an independent decision-maker in another state has preliminarily determined that there is probable cause to believe the supervised individual has committed a violation. This determination holds full faith and credit in the asylum state and can therefore serve as the basis for retaking by the sending state without necessitating additional hearings. Although entitled to a hearing, the supervised individual does not need to be physically present given the limited scope of the proceeding. See Hayes, 468 N.E.2d 1083 (Mass. Ct. App. 1984).