ICAOS Mini Training Probable Cause Process Rule Presented by: Training Committee [Revision 5/30/2014] Be Ready for a Test at the End.

Training Objectives When a Probable Cause Hearing is required/not required Responsibilities at a Probable Cause Hearing Report Requirements/Results When Probable Cause is found/not found

3 Authority for a Probable Cause Hearing Morrisey vs. Brewer 408 U.S. 471 (1972) (parole) Gagnon vs. Scarpelli 411 U.S. 778 (1973) (probation) U.S. Supreme Court cases associated with probable cause hearings and probation/parole violations.

When a Compact Offender is Entitled to a PC Hearing 1.Custodial detention based on violations –initiated by either the receiving or sending state 2.Violations committed in receiving state may form basis for revocation of supervision 3.Absconder apprehended in the receiving state –Authority to Arrest and Detain Rule –Warrant from Sending State

Sending state may require a PC Hearing when absconding offender is picked up in receiving state. –Upon a finding of probable cause the sending state shall retake the offender from the receiving state. Sending State shall keep its warrant and detainer in place Absconder Apprehended in the Receiving State

When an Offender is not Entitled to a PC Hearing No intention for revocation by the sending state New conviction –Rule 5.102

7 Purpose of a Probable Cause Hearing 1)To test the sufficiency and evidence of the alleged violations, and 2)To make a record for the sending state to use in subsequent revocation proceedings.

A Probable Cause Hearing is Required, Now What?

9 Entitlements of Offenders at Probable Cause Hearing –Close proximity to where the violations occurred –An “administrative” hearing – not to determine guilt/innocence and level of due process is less than that of a revocation hearing –Conducted by a “neutral and detached” person Rule 5.108

10 Rights of Offenders at Probable Cause Hearing Written notice of the alleged violation(s) of conditions imposed by either the sending or receiving state –Rule requires notification of conditions imposed Disclosure of non-privileged or non-confidential evidence The opportunity to be heard in person, present witnesses and evidence The opportunity to confront and cross-examine adverse witnesses, unless the hearing officer determines that a risk of harm to a witness exists Right to consult with legal counsel per Benchbook Rule 5.108

11 Report Requirements Within 10 business days of the hearing the receiving state shall send a written report including: –The date, time and location of the hearing. –Parties present at the hearing. –A clear and concise summary of the testimony taken. –Evidence relied upon in rendering the decision, to include the decision that PC was found or not. –PC found on which conditions or violations admitted to. If PC is found and the sending state has not been notified of the condition(s), they are not obligated to act on that violation(s). Even if the offender is exonerated after the probable cause hearing, the receiving state must transmit the report to the sending state. Rule 5.108

Waiver of Probable Cause Hearing No waiver of a PC Hearing shall be accepted unless accompanied by an admission to one or more significant violations. Rule

Add PC Information Addendum to Violation Report –Add PC information

After the PC Hearing…

Denial of Bail or other Release Conditions An offender against whom retaking procedures have been instituted by a sending or receiving state shall not be admitted bail or other release conditions in any state. Rule 5.111

Case Closure Once the offender is retaken by the sending state a Case Closure Notice needs to be completed in ICOTS.

Cost Responsibilities Associated with Retaking

Liability Liable is defined by Webster as “Legally obligated; responsible…” All compact member states can be held liable for circumventing or violating the ICAOS rules. ICAOS rules are federal law and there is a legal obligation to follow and enforce the rules as written.

Scenario #1 1.The receiving state submitted a violation report for conviction of a offense which included a copy of the court order. The sending state requests a probable cause hearing. Under the rules of the compact the receiving state is not required to conduct the probable cause hearing for this case. a)True b)False

Scenario #2 2.Anyone in the receiving state can conduct a probable cause hearing, including the supervising agent. a)True b)False

Scenario #3 3.The receiving state sends a violation report asking the sending state to return their offender, however it is not a mandatory retake. The sending state responds by asking for a probable cause hearing but also indicates they have no intention of revoking the offender. The receiving state is still required to do the probable cause hearing because the sending state requested it. a)True b)False

Scenario #4 4.The sending state receives the probable cause hearing results from the receiving state but it does not include a summary of the testimony, the date and time of the hearing or the evidence relied on to make the decision. The probable cause hearing results are valid and the sending state must move forward with retaking/returning the offender. a)True b)False

Scenario #5 5.The sending state receives the results of a probable cause hearing with probable cause found on a special condition which the sending state was not notified. The sending state can refuse to take any action on those findings. a)True b)False

Questions