Title 42, Chapter 8, Section 34.1
( 42-8-34.1)
(a) For the purposes of this Code section, the term "special
condition of probation or suspension of the sentence" means a
condition of a probated or suspended sentence which: (1) Is expressly imposed as part of the sentence in addition to
general conditions of probation and court ordered fines and fees;
and (2) Is identified in writing in the sentence as a condition the
violation of which authorizes the court to revoke the probation or
suspension and require the defendant to serve up to the balance of
the sentence in confinement. (b) A court may not revoke any part of any probated or suspended
sentence unless the defendant admits the violation as alleged or
unless the evidence produced at the revocation hearing establishes
by a preponderance of the evidence the violation or violations
alleged. (c) At any revocation hearing, upon proof that the defendant has
violated any general provision of probation or suspension other than
by commission of a new felony offense, the court shall consider the
use of alternatives to include community service, intensive
probation, diversion centers, probation detention centers, special
alternative incarceration, or any other alternative to confinement
deemed appropriate by the court or as provided by the state or
county. In the event the court determines that the defendant does
not meet the criteria for said alternatives, the court may revoke
the balance of probation or not more than two years in confinement,
whichever is less. (d) If the violation of probation or suspension alleged and proven
by a preponderance of the evidence or the defendant's admission is
the commission of a felony offense, the court may revoke no more
than the lesser of the balance of probation or the maximum time of
the sentence authorized to be imposed for the crime constituting the
violation of the probation. (e) If the violation of probation or suspension alleged and proven
by a preponderance of the evidence or the defendant's admission is
the violation of a special condition of probation or suspension of
the sentence, the court may revoke the probation or suspension of
the sentence and require the defendant to serve the balance or
portion of the balance of the original sentence in confinement. (f) The payment of restitution or reparation, costs, or fines
ordered by the court may be payable in one lump sum or in periodic
payments, as determined by the court after consideration of all the
facts and circumstances of the case and of the defendant's ability
to pay. Such payments shall, in the discretion of the sentencing
judge, be made either to the clerk of the sentencing court or, if
the sentencing court is a probate court, state court, or superior
court, to the probation office serving said court. (g) In no event shall an offender be supervised on probation for more than a total of two years for any one offense or series of offenses arising out of the same transaction, whether before or after confinement, except as provided by paragraph (2) of subsection (a) of Code Section 17-10-1. |