Does a voluntariness colloquy need to be held before a court accepts a defendant's admission of supervised release violations?

MultiRegion, United States of America

The following excerpt is from U.S. v. Pelensky, 129 F.3d 63 (2nd Cir. 1997):

Not only is a voluntariness colloquy not required by Rule 11 or Boykin before a court may accept a defendant's admission of supervised release violations, but such a formal colloquy would be ill suited to the context of supervised release proceedings. In contrast to the adversarial setting that characterizes the offering of a guilty plea, a revocation of supervised release proceeding features the involvement of the probation officer, who is responsible for representing the defendant's best interests to the greatest extent possible consistent with the welfare of the community. See Gagnon v. Scarpelli, 411 U.S. 778, 783-84, 93 S.Ct. 1756, 1760-61, 36 L.Ed.2d 656 (1973). The responsibilities of the probation officer "can best be carried out in a less adversary and contentious atmosphere." Segal, 549 F.2d at 1300. "To superimpose formalistic procedures" such as a Rule 11 colloquy onto this context, however much it may be sound practice for judges to elicit some indication of voluntariness for the record, "is neither required by due process nor necessarily conducive to a more effective accomplishment of the goals of probation," id. at 1301, or supervised release.

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