Rule 32.1. Revoking or Modifying Probation or Supervised Release
(a) Initial Appearance.
(1) Person In Custody. A person held in custody for violating probation or supervised release must be taken without unnecessary delay before a magistrate judge.
(A) If the person is held in custody in the district where an alleged violation occurred, the initial appearance must be in that district.
(2) Upon a Summons. When a person appears in response to a summons for violating probation or supervised release, a magistrate judge must proceed under this rule.
(3) Advice. The judge must inform the person of the following:
(B) the person’s right to retain counsel or to request that counsel be appointed if the person cannot obtain counsel; and
(C) the person’s right, if held in custody, to a preliminary hearing under Rule 32.1(b)(1).
(4) Appearance in the District With Jurisdiction. If the person is arrested or appears in the district that has jurisdiction to conduct a revocation hearing—either originally or by transfer of jurisdiction—the court must proceed under Rule 32.1(b)–(e).
(5) Appearance in a District Lacking Jurisdiction. If the person is arrested or appears in a district that does not have jurisdiction to conduct a revocation hearing, the magistrate judge must:
(A) if the alleged violation occurred in the district of arrest, conduct a preliminary hearing under Rule 32.1(b) and either:
(i) transfer the person to the district that has jurisdiction, if the judge finds probable cause to believe that a violation occurred; or
(B) if the alleged violation did not occur in the district of arrest, transfer the person to the district that has jurisdiction if:
(i) the government produces certified copies of the judgment, warrant, and warrant application, or produces copies of those certified documents by reliable electronic means; and
(6) Release or Detention. The magistrate judge may release or detain the person under 18 U.S.C. § 3143 (a)(1) pending further proceedings. The burden of establishing by clear and convincing evidence that the person will not flee or pose a danger to any other person or to the community rests with the person.
(1) Preliminary Hearing.
(A) In General. If a person is in custody for violating a condition of probation or supervised release, a magistrate judge must promptly conduct a hearing to determine whether there is probable cause to believe that a violation occurred. The person may waive the hearing.
(B) Requirements. The hearing must be recorded by a court reporter or by a suitable recording device. The judge must give the person:
(i) notice of the hearing and its purpose, the alleged violation, and the person’s right to retain counsel or to request that counsel be appointed if the person cannot obtain counsel;
(2) Revocation Hearing. Unless waived by the person, the court must hold the revocation hearing within a reasonable time in the district having jurisdiction. The person is entitled to:
(C) an opportunity to appear, present evidence, and question any adverse witness unless the court determines that the interest of justice does not require the witness to appear;
(D) notice of the person’s right to retain counsel or to request that counsel be appointed if the person cannot obtain counsel; and
(1) In General. Before modifying the conditions of probation or supervised release, the court must hold a hearing, at which the person has the right to counsel and an opportunity to make a statement and present any information in mitigation.
(2) Exceptions. A hearing is not required if:
(B) the relief sought is favorable to the person and does not extend the term of probation or of supervised release; and
(d) Disposition of the Case. The court’s disposition of the case is governed by 18 U.S.C. § 3563 and § 3565 (probation) and § 3583 (supervised release).
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