Rule 32.1.
(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.
(B)
If the person is held in custody in a district other than where an alleged violation occurred, the initial appearance must be in that district, or in an adjacent district if the appearance can occur more promptly there.
(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:
(A)
the alleged violation of probation or supervised release;
(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
(ii)
dismiss the proceedings and so notify the court that has jurisdiction, if the judge finds no 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
(ii)
the judge finds that the person is the same person named in the warrant.
(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.
(e)
Producing a Statement.
Rule 26.2(a)–(d) and (f) applies at a hearing under this rule. If a party fails to comply with a Rule 26.2 order to produce a witness’s statement, the court must not consider that witness’s testimony.
(Added Apr. 30, 1979, eff. Dec. 1, 1980; amended [Pub. L. 99–646, § 12(b)], Nov. 10, 1986, [100 Stat. 3594]; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 28, 2010, eff. Dec. 1, 2010.)