17-A §1265. Termination of intensive supervision - Maine Statutes

Title 17-A: MAINE CRIMINAL CODE

Part 3:

Chapter 52: INTENSIVE SUPERVISION

§1265. Termination of intensive supervision

1. Upon probable cause to believe that a prisoner on the Intensive Supervision Program has violated any condition of that program, that prisoner may be immediately apprehended. Notice of the violation shall be filed with the sentencing court or any Superior Court within 2 court days and a copy shall be provided to the prisoner.

[ 1985, c. 821, §15 (NEW) .]

2. A hearing shall be held within 7 court days of the filing of notice of the violation. The hearing shall follow the procedures for a probation revocation hearing under section 1206, subsection 4. The only issue at the hearing is whether the violation occurred.

[ 1985, c. 821, §15 (NEW) .]

3. If the court finds by a preponderance of the evidence that the prisoner has violated a condition of his intensive supervision, the prisoner shall serve, in institutional confinement, the balance of the portion of the sentence of imprisonment which was to be served with intensive supervision. If the violation conduct is also found to be a violation of the conditions of probation, the court may also revoke probation as specified in section 1206.

[ 1985, c. 821, §15 (NEW) .]

4. Review of the court's finding of violation shall be by direct appeal.

[ 1985, c. 821, §15 (NEW) .]

5. Pending a hearing under subsection 2 or pending the appeal of the Superior Court's finding under subsection 3, bail is not authorized.

[ 1985, c. 821, §15 (NEW) .]

SECTION HISTORY

1985, c. 821, §15 (NEW).