Title 42, Chapter 8, Section 100
( 42-8-100)
(a) Any county or municipal court which has original jurisdiction of
ordinance violations and in which the defendant in such a case has
been found guilty upon verdict or plea or has been sentenced upon a
plea of nolo contendere, may, at a time to be determined by the
court, hear and determine the question of the probation of such
defendant. (b) If it appears to the court upon a hearing of the matter that the
defendant is not likely to engage in an unlawful course of conduct
and that the ends of justice and the welfare of society do not
require that the defendant shall presently suffer the penalty
imposed by law, the court in its discretion shall impose sentence
upon the defendant but may stay and suspend the execution of the
sentence or any portion thereof or may place him or her on probation
under the supervision and control of a probation supervisor for the
duration of such probation, subject to the provisions of this Code
section. The period of probation or suspension shall not exceed the
maximum sentence of confinement which could be imposed on the
defendant. (c) The court may, in its discretion, require the payment of a fine
or costs, or both, as a condition precedent to probation. (d) The sentencing judge shall not lose jurisdiction over any person
placed on probation during the term of his or her probated sentence.
The judge is empowered to revoke any or all of the probated
sentence, rescind any or all of the sentence, or, in any manner
deemed advisable by the judge, modify or change the probated
sentence at any time during the period of time originally prescribed
for the probated sentence to run. (e) If a defendant is placed on probation pursuant to this Code
section by a county or municipal court other than one for the county
or municipality in which he or she resides for committing any
ordinance violation, such defendant may, when specifically ordered
by the court, have his or her probation supervision transferred to
the county or municipality in which he or she resides. (f)(1) The chief judge of any court within the county, with the
approval of the governing authority of that county, is authorized
to enter into written contracts with corporations, enterprises, or
agencies to provide probation supervision, counseling, collection
services for all moneys to be paid by a defendant according to the
terms of the sentence imposed on the defendant as well as any
moneys which by operation of law are to be paid by the defendant
in consequence of the conviction, and other probation services for
persons convicted in that court and placed on probation in the
county. In no case shall a private probation corporation or
enterprise be charged with the responsibility for supervising a
felony sentence. The final contract negotiated by the chief judge
with the private probation entity shall be attached to the
approval by the governing authority of the county to privatize
probation services as an exhibit thereto. The termination of a
contract for probation services as provided for in this subsection
entered into on or after July 1, 2001, shall be initiated by the
chief judge of the court which entered into the contract, and
subject to approval by the governing authority of the county which
entered into the contract and in accordance with the agreed upon,
written provisions of such contract. The termination of a
contract for probation services as provided for in this subsection
in existence on July 1, 2001, and which contains no provisions
relating to termination of such contract shall be initiated by the
chief judge of the court which entered into the contract, and
subject to approval by the governing authority of the county which
entered into the contract and in accordance with the agreed upon,
written provisions of such contract. (2) The chief judge of any court within the county, with the
approval of the governing authority of that county, is authorized
to establish a county probation system to provide probation
supervision, counseling, collection services for all moneys to be
paid by a defendant according to the terms of the sentence imposed
on the defendant as well as any moneys which by operation of law
are to be paid by the defendant in consequence of the conviction,
and other probation services for persons convicted in that court
and placed on probation in the county. (g)(1) The judge of the municipal court of any municipality or
consolidated government of a municipality and county of this
state, with the approval of the governing authority of that
municipality or consolidated government, is authorized to enter
into written contracts with private corporations, enterprises, or
agencies to provide probation supervision, counseling, collection
services for all moneys to be paid by a defendant according to the
terms of the sentence imposed and any moneys which by operation of
law are to be paid by the defendant in consequence of the
conviction, and other probation services for persons convicted in
such court and placed on probation. The final contract negotiated
by the judge with the private probation entity shall be attached
to the approval by the governing authority of the municipality or
consolidated government to privatize probation services as an
exhibit thereto. (2) The judge of the municipal court of any municipality or
consolidated government of a municipality and county of this
state, with the approval of the governing authority of that
municipality or consolidated government, is authorized to
establish a probation system to provide probation supervision,
counseling, collection services for all moneys to be paid by a
defendant according to the terms of the sentence imposed and any
moneys which by operation of law are to be paid by the defendant
in consequence of the conviction, and other probation services for
persons convicted in such court and placed on probation. |