Preliminary probation revocation hearings

Preliminary probation revocation hearings shall be conducted in courtrooms whenever feasible. If not feasible, such hearings shall take place in any other room in the courthouse in which the public has access. Only when no courtroom or public room is available shall a magistrate's office or any other room to which the public generally has limited access be used for such hearings. In those instances when a magistrate's office or other private room must be used in accordance with this rule, the magistrate shall explain to the probationer and his counsel, if any, the reason for the use of such room. Such hearings shall be stenographically or electronically recorded unless neither a stenographer nor electronic recording equipment is available. All witnesses at such hearings shall be placed under oath. The probationer or, if he is represented by counsel, his counsel, shall be allowed to question any witnesses he may present and shall be allowed to cross-examine witnesses testifying against him. The rules of evidence shall not apply at such hearings. All evidence shall be given such weight as deemed appropriate by the magistrate. The minimum quantum of evidence necessary for a finding that there is probable cause to believe a probationer has violated the terms of his probation shall be sworn testimony setting forth facts substantiating such allegations. If such testimony of itself is satisfactory to the magistrate to establish that the allegations are probably correct, and if this probability is not overcome by testimony by the probationer or his witnesses or by documentary evidence submitted by the probationer, then probable cause may be found by the magistrate. In cases when the surrender is based on an allegation that there has been a criminal conviction or finding of probable cause entered against the probationer subsequent to the probation order of which revocation is sought, and there is a dispute on the validity of this allegation, a certified copy of such conviction or probable cause finding or the original of the record thereof shall be requested from the prosecuting probation officer by the magistrate. However, the submission of such records or copies shall not be indispensable to a finding of probable cause. When available, a court officer shall be present at such hearings. If probable cause is found, a probation violation hearing shall be scheduled, the probationer shall thereupon be served in hand with a notice of said hearing, and the magistrate may order the probationer to be held in custody pending the conduct and completion of the scheduled final violation hearing. The magistrate's decision whether to release the probationer pending the conduct and completion of the final probation violation hearing, notwithstanding a finding of probable cause on an alleged violation, shall include, but not necessarily be limited to: The probationer's criminal record; The nature of the offense for which the probationer is on probation; The nature of the current offense or offenses with which the probationer is newly charged, if any; The nature of any other pending alleged probation violations; The likelihood of probationer's appearance at the final probation violation hearing if not held in custody; and The likelihood of incarceration if a violation is found following the final probation violation hearing. If no probable cause is found, a probation violation hearing may be scheduled and the probationer thereupon served with notice thereof, but the probationer may not be held in custody pending said hearing based on the alleged probation violation.