Rule 5.108(c) permits a supervised individual to waive a probable cause hearing. A valid waiver requires that the individual admit to one or more violations of supervision. See Rule 5.108(c); see also, e.g., Sanders v. Pa. Bd. of Prob. & Parole, 958 A.2d 582 (Pa. Commw. Ct. 2008). A waiver has significant procedural consequences. By waiving the hearing, the supervised individual relinquishes the right to require the receiving state to present evidence supporting the alleged violations. The written admission may thereafter be relied upon by the sending state in determining whether to revoke conditional release.
For a waiver to be valid, the record should reflect that:
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The supervised individual was advised of the right to a probable cause hearing under Rule 5.108;
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The supervised individual was informed of the alleged violations and supporting facts;
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The supervised individual was advised that waiving the hearing forfeits the right to contest the alleged violations at that stage;
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The supervised individual admitted in writing to one or more violations; and
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The supervised individual was informed in writing that the admission may be used by the sending state in revocation proceedings.