I'm sorry to hear about your son's experience. The rules that govern interstate compacts are created by the Interstate Commission for Adult Offender Supervision (yes, they govern juveniles
too despite the name). The latest version of these rules can be found at:
According to these rules:
Rule 5.108 Probable cause
hearing in receiving state
(a) An offender subject to retaking for violation of conditions of supervision that may
result in a revocation shall be afforded the opportunity for a probable cause hearing
before a neutral and detached hearing officer in or reasonably near the place where
the alleged violation occurred.
(b) No waiver of a probable cause hearing shall be accepted unless accompanied by an
admission by the offender to one or more significant violations of the terms or
conditions of supervision.
(c) A copy of a judgment of conviction regarding the conviction of a new felony offense
by the offender shall be deemed conclusive proof that an offender may be retaken by
a sending state without the need for further proceedings.
(d) The offender shall be entitled to the following rights at the probable cause hearing:
(1) Written notice of the alleged violation(s);
(2) Disclosure of non-privileged or non-confidential evidence regarding the alleged
(3) The opportunity to be heard in person and to present witnesses and documentary
evidence relevant to the alleged violation(s);
(4) The opportunity to confront and cross-examine adverse witnesses, unless the
hearing officer determines that a risk of harm to a witness exists.
(e) The receiving state shall prepare and submit to the sending state a written report
within 10 business days of the hearing that identifies the time, date and location of the
hearing; lists the parties present at the hearing; and includes a clear and concise
summary of the testimony taken and the evidence relied upon in rendering the
decision. Any evidence or record generated during a probable cause hearing shall be
forwarded to the sending state.
(f) If the hearing officer determines that there is probable cause to believe that the
offender has committed the alleged violations of conditions of supervision, the
receiving state shall hold the offender in custody, and the sending state shall, within
15 business days of receipt of the hearing officer’s report, notify the receiving state of
the decision to retake or other action to be taken.
(g) If probable cause is not established, the receiving state shall:
(1) Continue supervision if the offender is not in custody.
(2) Notify the sending state to vacate the warrant, and continue supervision upon
release if the offender is in custody on the sending state’s warrant.
(3) Vacate the receiving state’s warrant and release the offender back to supervision
within 24 hours of the hearing if the offender is in custody.
Rule 5.105 Time allowed for retaking an offender
A sending state shall retake an offender within 30 calendar days after the decision to
retake has been made or upon release of the offender from incarceration in the receiving
As you can see, between the PC hearing and the time for retaking the state really only has 40 days. If your son had also committed an offense in NM then they may have been justified in keeping him in jail. Otherwise, you will want to talk to his attorney in VT about it. The attorney may decide to file a complaint
. Most importantly though, the attorney will ask that your son get credit for the time that he served in NM jail.
Best of luck!
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