IV. Procedures for Addressing Probation Violations in Intrastate Transfer cases
- The offender may be returned at any time to the sentencing court, in the sentencing court’s sole discretion, unless new criminal charges are pending in the receiving county. The sentencing court shall notify the receiving court of its decision to recall the offender and, if the offender is in custody, shall be responsible for the manner and costs of transportation back to the county of the sentencing court.
- If the offender is alleged to have committed a violation of probation while under supervision in the receiving county, and if such violation is not resolved by administrative sanction:
- The receiving court’s probation department shall file a notice of violation of probation under the case number assigned by the receiving court when transfer was accepted.
- The receiving court shall notify the sentencing court of the probation violation allegations.
- The receiving court may require the offender to appear at a probation violation fact-finding hearing by summons or warrant, and may detain the offender with or without bond.
- The receiving court may conduct a fact-finding hearing to determine if probable cause exists to believe that the offender has violated any probation conditions.
- If the receiving court finds that there is no violation of probation, probation shall continue and the receiving court shall notify the sentencing court concerning such finding.
- If the receiving court determines that there is probable cause to believe that a violation of probation exists, and that the dispositional hearing should be held by the sentencing court, then the receiving court shall forward the fact-finding order to the sentencing court’s probation contact person and shall set forth the alleged violations, the facts supporting the allegations, and whether the receiving court would accept the offender for continued probation in that county.
- If the receiving court determines that there is a violation of probation, and that the sentencing court has permitted the dispositional hearing to be held by the receiving court, then the receiving court shall forward the fact-finding order to the sentencing court’s probation contact person and such order shall set forth the alleged violations, the facts supporting the allegations, the sanctions that were imposed, and whether the offender will continue to be monitored by the receiving court.
- After a finding of probable cause on a probation violation by the receiving court, the offender shall be transferred to the sentencing court for the dispositional hearing, unless otherwise specified by the sentencing court in its transfer order.
- The sentencing court shall be responsible for the manner and/or cost of transportation of the offender back to the sentencing court if the offender is in custody in the receiving county.
- The receiving court shall be responsible for the cost of detaining the offender in the receiving county pending resolution of the violation of probation and the securing of the offender for transport by the sentencing court.
- In addition to the receiving court’s fact-finding hearing on the probation violation, the sentencing court may require the offender to appear in the sentencing court for a dispositional hearing. The sentencing court may require the offender to appear at the dispositional hearing by summons or warrant, and may detain offender with or without bond.
- The offender has the following rights when a probation violation is filed in the receiving court:
- Written notice of the alleged violations;
- Right to counsel;
- Right to remain silent if the violation involves allegations of criminal activity;
- Right to hearing on the allegations;
- Advisement that the State must prove allegations by a preponderance of evidence from evidence presented in open court;
- Right to confront and cross-examine adverse witnesses;
- Advisement of opportunity to obtain witnesses and issue subpoenas for such witnesses; and
- Advisement of possible sanctions that could be imposed for the violation of probation.
- If one of the allegations for the violation of probation is that the offender committed another criminal act in the receiving county or some other county, the receiving court may delay the fact-finding hearing until resolution of the criminal charges.