FEDERAL RULES OF CRIMINAL PROCEDURE

VII. JUDGMENT

Rule 32.1 Revocation or Modification of Probation or Supervised Release

(a) Revocation of probation or supervised release.

(1) Preliminary hearing. Whenever a person is held in custody on the ground that the person has violated a condition of probation or supervised release, the person shall be afforded a prompt hearing before any judge, or a United States magistrate who has been given the authority pursuant to 28 U.S.C. 636 to conduct such hearings, in order to determine whether there is probably cause to hold the person for a revocation hearing. The person shall be given

(A) notice of the preliminary hearing and its purpose and of the alleged violation;

(B) an opportunity to appear at the hearing and present evidence in the person's own behalf;

(C) upon request, the opportunity to question witnesses against the person unless, for good cause, the federal magistrate decides that justice does not require the appearance

of the witness; and

(D) notice of the person's right to be represented by counsel.

The proceedings shall be recorded stenographically or by an electronic recording device. If probable cause is found to exist, the person shall be held for a revocation hearing. The may be released pursuant to Rule 46(c) pending the revocation hearing. If probable person cause is not found to exist, the proceeding shall be dismissed.

(2) Revocation Hearing. The revocation hearing, unless waived by the person, shall be held within a reasonable time in the district of jurisdiction. The person shall be given

(A) written notice of the alleged violation;

(B) disclosure of the evidence against the person;

(C) an opportunity to appear and to present evidence in the person's own behalf;

(D) the opportunity to question adverse witnesses; and

(E) notice of the person's right to be represented by counsel.

(b) Modification of probation or supervised release. A hearing and assistance of counsel are required before the terms or conditions of probation or supervised release can be modified, unless the relief to be granted to the person on probation or supervised release upon the person's request or the court's own motion is favorable to the person, and the attorney for the government, after having been given notice of the proposed relief and a reasonable opportunity to object, has not objected. An extension of the term of probation or supervised release is not favorable to the person for purposes of this rule.

(c) Production of statements.

(1) In general. Rule 26.2(a)-(d) and (f) applies at any hearing under this rule.

(2) Sanctions for failure to produce statement. If a party elects not to comply with an order under Rule 26.2(a) to deliver a statement to the moving party, the court may not consider the testimony of a witness whose statement is withheld.

[Added Apr. 30, 1979; eff. Dec. 1, 1980, as provided by Act July 31, 1979, P. L. 96-42, l(1), 93 Stat. 326; Nov. 10, 1986, P. L. 99-646, 12(b), 100 Stat. 3594; amended eff. Aug. 1, 1987; Dec. 1, 1989; Dec. 1, 1991; Dec. 1, 1993.]