Revocation of Probation: When Permitted

(a)At any time before the discharge of the offender or the termination of the period of suspension or probation:

(1)upon a showing of probable cause that an offender has violated a condition of his suspension or probation, the court may summon the offender to appear before it or may issue a warrant for his arrest. The warrant or summons shall be served in the manner provided by 8 GCA § 15.70 (Criminal Procedure). The offender may be arrested without a warrant only in those circumstances where such an arrest is otherwise permitted by law;

(2)the court, if satisfied that the offender has inexcusably failed to comply with a substantial requirement imposed as a condition of the order may revoke the suspension or probation and sentence or re-sentence the offender. Violation of a condition shall not result in revocation, however, unless the court determines that revocation under all the circumstances then existing will best satisfy the ends of justice and the best interests of the public. CH. 80 DISPOSITION OF OFFENDERS

(3)Upon showing of probable cause before the Court, pursuant to Subsection (a)(1), a summons or warrant shall issue and the period of probation shall thereby be tolled pending the hearing upon the motion and the decision of the Court.

(A)The period of tolling shall start on the date the summons or warrant is filed by the Clerk of Court and shall end on the date the Clerk of Court files a judge’s written decision or the judge issues an oral decision in open Court, whichever first occurs, on whether the defendant violated a condition of probation.

(B)Unless otherwise ordered by the Court, the defendant’s term of probation shall be extended for the number of days time is tolled.

(C)During the period the time is tolled, the defendant shall remain subject to all conditions of probation.

(4)In the event the Court, following a hearing, is satisfied that the defendant’s failure to comply with the conditions of probation was excusable, the Court may order that the defendant may be credited with the tolled period for purposes of computation of the remaining probation, if any. However, if the defendant fails to comply with the terms of probation during the tolled period, another affidavit of probable cause or petition for revocation may be filed and time may be tolled again.

(b)When the court revokes a suspension or probation, it may impose on the offender any sentence that might have been imposed originally for the crime of which he was convicted.

(c)Notwithstanding any other provisions of the law, the Court may, upon good cause shown, extend probation beyond the terms set forth in § 80.64(a) up to a maximum additional term of one

(1)year for petty misdemeanors and misdemeanors, and a maximum additional term of two

(2)years for felonies.

(d)The amendments made in Subsections

(a)and

(c)of this Section shall apply prospectively to criminal acts committed after the effective date of this Section. [8/14/1998]