In Gagnon v. Scarpelli (1973), the United States Supreme Court held that due process mandates a preliminary and final revocation hearing for a probationer under the same conditions specified in Morrissey v. Brewer, (1972). These hearings are now known as the Gagnon I and Gagnon II hearings (Worrall, 2015). A Gagnon I hearing occurs the probationer is arrested for an alleged violation (Worrall, 2015). The hearing is to determine if the probationer should remain in custody or be released back into the community (Worrall, 2015). A Gagnon II hearing is the final revocation hearing when a determination is made on the status of probation, and if the probationer is found in violation then the Judge will determine the sentence (Worrall, 2015).
