(a)Arrest and Processing of Probation/Parole Violators. When a duly appointed adult probation/parole officer has conducted an investigation which reveals that a violation of supervision has been committed by the defendant, the officer shall request a supervisor to issue a "Supervisor's Warrant" for the arrest and detention of the defendant. The defendant shall be arrested upon issuance of the warrant by any peace officer in the Commonwealth authorized to make arrests, or in the case of a defendant who has absconded the Commonwealth, the warrant shall be submitted to the proper police agency for processing as per normal procedure. Following arrest, the filing officer shall request a Gagnon I hearing before the court-designated hearing officer, which will be held within ten (10) court business days. The procedure set forth in 37.R.Crim.P. L 708(b) shall then be followed.
Should the filing officer determine that a supervisor's warrant is not needed, a Gagnon I hearing will be scheduled as soon as possible following discovery of the violation(s), and the procedure set forth in 37.R.Crim.P. L 708(d) will continue as stated. Notice of the Gagnon I hearing, in this instance, shall be served upon the defendant by the filing officer, and a Gagnon I hearing would then be scheduled at the convenience of the hearing officer.(b)Violation of Probation/Parole: Hearing and Disposition. When it is alleged that a defendant is in violation of his/her probation/parole, a Gagnon I hearing shall be held before a member of the Adult Probation/Parole Department staff designated for that purpose by the President Judge. This hearing will be held within ten (10) court business days if the defendant is incarcerated as a result of the violation(s). That designated hearing officer shall be responsible for advising the defendant of all information required at a Gagnon I hearing. Should the hearing officer, at the Gagnon I hearing find that a prima facia case exists, the following procedure shall be followed. Should a determination be made by the hearing officer at the Gagnon I hearing, that the defendant should be returned to continued supervision at liberty, the defendant shall be released from custody, if incarcerated, and continue on probation/parole.
A Gagnon II hearing, whether it be with regard to a contested violation, alleged violations or merely for the purpose of disposition or for both purposes, shall be scheduled promptly, but no later than one hundred twenty (120) days after the Gagnon I hearing. This shall be done by the hearing officer filing a motion with the Court Administrator requesting that a Gagnon II hearing be scheduled and advising in that motion as to when the Gagnon I hearing was completed. That motion shall also indicate whether the allegations are contested or whether the Gagnon II hearing will be for disposition purposes only. The hearing officer shall serve a copy of the motion upon the District Attorney's office. The defendant shall be afforded the right to representation by an attorney of choice or, upon his/her application, by the appointment of the Public Defender for the Gagnon II hearing.