Rule 30 - Probation Violation (a)Arrest. When a probation violation is lodged against a defendant, the violation of probation and supporting statement of facts signed under oath shall be filed electronically in the court with jurisdiction over the defendant without unreasonable delay. A person charged with a probation violation is entitled to counsel and the appointment of counsel if deemed eligible at all stages of the proceeding. (b)Bail. Unless prohibited by statute, a person charged with a probation violation shall be entitled to bail. (1)If the probationer is incarcerated on a warrant issued by the court, the court will hear and set bail within 72 hours from the time of arrest, excluding weekends and holidays. (2) If the probationer is incarcerated as a result of arrest for violating the terms of probation pursuant to RSA 504-A:4(1), the court will schedule a bail hearing upon motion. A preliminary hearing, conducted by the department of corrections, shall be held within seventy-two hours of the time of arrest, excluding weekends and holidays, pursuant to RSA 504-A:5. (c)Hearing. A final, public, violation hearing before a judge shall be held without unreasonable delay. The probationer shall be afforded: (1) Prior written notice of the conduct that triggers the filing of the violation; (2) Prior disclosure to the probationer of the evidence that will be offered to prove the violation and all related exculpatory evidence; (3) The opportunity to be heard in person and to present witnesses and evidence; (4) The right to see, hear and question all witnesses; (5) The right to compulsory process; and (6) If a finding of chargeable is entered, a statement on the record by the court indicating in substance the evidence relied upon in reaching its determination. (d)Burden of Proof. The burden of proof by a preponderance of the evidence with respect to all elements of the charge shall be upon the State. (e)Hearing on Plea of Chargeable. Before a plea of chargeable is accepted, the court shall address the defendant and determine on the record that: (1) There is a factual basis for the plea to the violation; (2) The defendant understands the violation charged and the factual basis of it; (3)The defendant's plea is knowing, intelligent and voluntary; (4) The defendant's plea is not the result of any unlawful force, threats or promises; and that (5) The defendant understands and waives the statutory and constitutional rights as set forth in the Acknowledgement and Waiver of Rights for Probation Violations form. (f)Sentencing. At all sentencing hearings on probation violations, the defendant has the right to present witnesses and evidence, and to testify with regard to the sentence to be imposed. The court may impose any sentence that could have been imposed by the original sentencing judge for the crime which is the subject of the probation term. If the plea is negotiated, the defendant shall have the right to withdraw the plea of chargeable and go to hearing if the court intends to exceed the sentence agreed to by the parties. Adopted effective 1/1/2016 in Strafford and Cheshire counties and 7/1/2016 in Belknap County; amended July 18, 2019, effective 8/6/2019 in Rockingham County..Comment
In current practice, the term "chargeable" is synonymous with an admission to the violation of probation.