More Categories

Rule 4-347 – Proceedings for Revocation of Probation

May 13, 2021 | Criminal Prodcedure, Maryland

(a) How Initiated. Proceedings for revocation of probation shall be initiated by an order directing the issuance of a summons or warrant. The order may be issued by the court on its own initiative or on a verified petition of the State’s Attorney or the Division of Parole and Probation. The petition, or order if issued on the court’s initiative, shall state each condition of probation that the defendant is charged with having violated and the nature of the violation.

Cross reference: See Code, Criminal Procedure Article, § 6-223.

(b) Notice. A copy of the petition, if any, and the order shall be served on the defendant with the summons or warrant.

Cross reference: For victim notification procedures, see Code, Criminal Procedure Article, §§ 11-104, 11-503, and 11-507.

(c) Release Pending Revocation Hearing. Unless the judge who issues the warrant sets conditions of release or expressly denies bail, a defendant arrested upon a warrant shall be taken before a judicial officer of the District Court or before a judge of the circuit court without unnecessary delay or, if the warrant so specifies, before a judge of the District Court or circuit court for the purpose of determining the defendant’s eligibility for release.
(d) Waiver of Counsel. The provisions of Rule 4-215 apply to proceedings for revocation of probation.
(e) Hearing.

(1)Generally. The court shall hold a hearing to determine whether a violation has occurred and, if so, whether the probation should be revoked. The hearing shall be scheduled so as to afford the defendant a reasonable opportunity to prepare a defense to the charges. Whenever practicable, the hearing shall be held before the sentencing judge or, if the sentence was imposed by a Review Panel pursuant to Rule 4-344, before one of the judges who was on the panel. With the consent of the parties and the sentencing judge, the hearing may be held before any other judge. The provisions of Rule 4-242 do not apply to an admission of violation of conditions of probation.

Cross reference: See State v. Peterson, 315 Md. 73 (1989), construing the third sentence of this subsection. For procedures to be followed by the court when a defendant may be incompetent to stand trial in a violation of probation proceeding, see Code, Criminal Procedure Article, § 3-104.

(2)Conduct of Hearing. The court may conduct the revocation hearing in an informal manner and, in the interest of justice, may decline to require strict application of the rules in Title 5, except those relating to the competency of witnesses. The defendant shall be given the opportunity to admit or deny the alleged violations, to testify, to present witnesses, and to cross-examine the witnesses testifying against the defendant. If the defendant is found to be in violation of any condition of probation, the court shall (A) specify the condition violated and (B) afford the defendant the opportunity, personally and through counsel, to make a statement and to present information in mitigation of punishment.

Cross reference: See Hersch and Cleary v. State, 317 Md. 200 (1989), setting forth certain requirements with respect to admissions of probation violations, and State v. Fuller, 308 Md. 547 (1987), regarding the application of the right to confrontation in probation revocation proceedings. For factors related to drug and alcohol abuse treatment to be considered by the court in determining an appropriate sentence, see Code, Criminal Procedure Article, § 6-231.

Md. Crim. Causes. 4-347

This Rule is new.

Adopted Nov. 22, 1989, eff. Jan. 1, 1990. Amended Dec. 15, 1993, eff. July 1, 1994; April 8, 1997, eff. July 1, 1997; Nov. 1, 2001, eff. Jan. 1, 2002; April 5, 2005, eff. July 1, 2005; May 8, 2007, eff. July 1, 2007; Sept. 10, 2009, eff. Oct. 1, 2009; March 9, 2010, eff. July 1, 2010.

HISTORICAL NOTES

2001 Orders

The November 1, 2001, order, in subsec. (e)(1), inserted the fourth sentence, relating to hearings before other judges.

2005 Orders

The April 5, 2005, order amended the cross reference following section (e).

2007 Orders

The May 8, 2007, order added the second sentence to the cross reference following subsection (e)(1).

2009 Orders

The September 10, 2009, order added the cross reference following section (b).

2010 Orders

The March 9, 2010, order added the cross reference following section (a) and, in subsec. (c), inserted “or before a judge of the circuit court”.

Prior Rules:

Rule 4-347, adopted April 6, 1984, eff. July 1, 1984, related to stay of execution of sentence, renumbered as Rule 4-348, Nov. 22, 1989, eff. Jan. 1, 1990.