As amended through June 1, 2022
Rule 708 - Violation Of Probation, Intermediate Punishment, Or Parole: Hearing And Disposition(A) When it is alleged that an offender is in violation of the conditions of his/her probation/parole or Intermediate Punishment sentence, a Gagnon I Hearing shall be held before a member of the Washington County Probation/Parole Office designated as a hearing officer; typically, the Washington County Chief of Probation/Parole. The hearing shall be held within three (3) Court business days if the offender is incarcerated as a result of the violation(s). The designated hearing officer shall be responsible for advising the offender of all information required at a Gagnon I Hearing. Should the hearing officer, at the Gagnon I Hearing, find that a prima facie case exists, the procedure in paragraph B shall be followed.(B) The supervising probation/parole officer shall petition the court within (3) business days to schedule a Gagnon II Hearing after the Gagnon I Hearing if the bases of the hearing are allegations that the offender engaged in technical violation(s) of the conditions or special conditions of his/her probation/parole or Intermediate Punishment sentence; and within three (3) business days after a preliminary hearing if the basis of the hearing are allegations that the offender engaged in substantive violation(s) of the conditions or special conditions of his/her probation/parole or Intermediate Punishment sentence. The Petition shall indicate whether the allegations are contested or whether a Gagnon II Hearing shall be for disposition purposes only. The offender shall have the right to representation by an attorney at his/her own expense, or if indigent and upon his/her application, the appointment of the Public Defender for the Gagnon II Hearing. (C) At the Gagnon I Hearing should a determination be made by the hearing officer that the offender should be returned to continued supervision at liberty, the offender, if incarcerated, shall be released from custody, and continue under his/her probation/parole or Intermediate Punishment sentence.