(a) Preliminary Hearing. – Whenever a person is held in custody on the ground that he or she has violated a condition of probation or an alternative sentence, the person shall be afforded a prompt hearing before a magistrate who has been authorized by law to conduct preliminary hearings, in order to determine whether there is probable cause to hold the person for a revocation hearing. The person may waive the preliminary hearing. The person shall be given:
(1) Notice of the preliminary hearing and its purpose and of the alleged violation;
(2) An opportunity to appear at the hearing and present evidence in his or her own behalf;
(3) Upon request, the opportunity to question adverse witnesses unless, for good cause, the magistrate decides that justice does not require the appearance of the witness; and
(4) Notice of his or her right to be represented by counsel.
(b) Post Conviction Bond. — If probable cause is found to exist, the person shall be held for a revocation hearing. The person may be released pursuant to Chapter 62-1C-1 et. seq., pending the revocation hearing. If probable cause is not found to exist, at the preliminary hearing the proceedings shall be dismissed.
(c) Revocation Hearing. — The revocation hearing, unless waived by the person shall be held within a reasonable time, and pursuant to the procedure prescribed in Chapter 62, Article 12, Section 10, of the West Virginia Code of 1931, as amended. The person shall be given:
(1) Written notice of the alleged violation;
(2) Disclosure of the evidence against him or her;
(3) An opportunity to appear and to present evidence in his or her own behalf;
(4) The opportunity to question adverse witnesses; and
(5) Notice of his or her right to be represented by counsel, and, in the event he or she is indigent, of his or her right to appointed counsel.