Title 42, Chapter 8, Section 36
( 42-8-36)
(a)(1) Any other provision of this article to the contrary
notwithstanding, it shall be the duty of a probationer, as a
condition of probation, to keep his probation supervisor informed
as to his residence. Upon the recommendation of the probation
supervisor, the court may also require, as a condition of
probation and under such terms as the court deems advisable, that
the probationer keep the probation supervisor informed as to his
whereabouts. The failure of a probationer to report to his
probation supervisor as directed or a return of non est inventus
or other return to a warrant, for the violation of the terms and
conditions of probation, that the probationer cannot be found in
the county that appears from the records of the probation
supervisor to be the probationer's county of residence shall
automatically suspend the running of the probated sentence until
the probationer shall personally report to the probation
supervisor, is taken into custody in this state, or is otherwise
available to the court; and such period of time shall not be
included in computing creditable time served on probation or as
any part of the time that the probationer was sentenced to serve.
The effective date of the tolling of the sentence shall be the
date that the officer returns the warrant showing non est
inventus. Any officer authorized by law to issue or serve
warrants may return the warrant for the absconded probationer
showing non est inventus. (2) In addition to the provisions of paragraph (1) of this
subsection, if the probation supervisor submits an affidavit to
the court stating that a probationer has absconded and cannot be
found, the running of the probated sentence shall be suspended
effective on the date such affidavit is submitted to the court and
continuing until the probationer shall personally report to the
probation supervisor, is taken into custody in this state, or is
otherwise available to the court. (b) Any unpaid fines, restitution, or any other moneys owed as a
condition of probation shall be due when the probationer is
arrested; but, if the entire balance of his probation is revoked,
all the conditions of probation, including moneys owed, shall be
negated by his imprisonment. If only part of the balance of the
probation is revoked, the probationer shall still be responsible for
the full amount of the unpaid fines, restitution, and other moneys
upon his return to probation after release from imprisonment. |