N.D. Cal. Crim. L.R. 32.1-1

(a) Petition for Revocation. The following procedures shall be followed with respect to any

petition by a Probation Officer for revocation of probation or supervised release:

(1) The petition shall be filed and noticed for hearing before the sentencing Judge or

sentencing Magistrate Judge. If the sentencing judicial officer is unavailable, the

petition shall be presented to the Criminal Calendar Magistrate Judge for the

courthouse where the probationer or releasee was originally sentenced or to the

General Duty Judge;

(2) The petition shall be accompanied by a summons and proposed order that the

probationer or releasee appear and show cause why probation or supervised release

should not be revoked. Alternatively, the petition may request that the Court issue an

arrest warrant. If a warrant is sought, the probation office shall recommend bail in a

specified amount or that the probationer or releasee be held without release on bail;

and

(3) Unless otherwise ordered, the Probation Officer shall serve a copy of the petition and

order on the probationer or releasee, last known counsel of record and the attorney

for the government.

(b) Preliminary Revocation Hearing. A preliminary hearing to determine whether or not

there is probable cause to believe that a violation has occurred may be conducted by a

criminal calendar Magistrate Judge. If the Magistrate Judge finds the existence of probable

cause, the Magistrate Judge shall set the matter for a revocation hearing before the assigned

Judge or sentencing Magistrate Judge.

(c) Appearance by Attorney for the Government. An attorney for the government may

appear on behalf of the government at any proceeding to revoke probation or supervised

release.

(d) Order Regarding Disposition of Petition. The disposition of a petition for violation of

probation or supervised release and the facts upon which it is based shall be set forth on the

form adopted by the Administrative Office of the United States Courts for that purpose.

(e) Presentence Report and Recommendation for Revocation of Probation or Supervised

Release. A Probation Officer may initiate a revocation proceeding by the Submission of a

Form 12 to the Court that placed the defendant on probation or supervised release. If the

Court decides that a hearing is appropriate, it shall notify the parties and the Probation

Officer. The Probation Officer shall have no further contact with the Court with respect to

the Form 12 prior to the hearing on the violation.

If, after a hearing, the defendant is found to have violated the terms of probation or supervised

release, the Probation Officer shall prepare a dispositional report and recommendation. At least 7

days before the date set for sentencing after the Court has revoked a term of probation or

supervised release, the Probation Officer shall disclose a copy of a dispositional report and

recommendation to defense counsel (or to a pro se defendant) and to the attorney for the

government, and shall lodge a copy with the sentencing Judge.

IX. SUPPLEMENTARY AND SPECIAL PROCEEDINGS