Title 42, Chapter 8, Section 38
( 42-8-38)
(a) Whenever, within the period of probation, a probation supervisor
believes that a probationer under his supervision has violated his
probation in a material respect, he may arrest the probationer
without warrant, wherever found, and return him to the court
granting the probation or, if under supervision in a county or
judicial circuit other than that of conviction, to a court of
equivalent original criminal jurisdiction within the county wherein
the probationer resides for purposes of supervision. Any officer
authorized by law to issue warrants may issue a warrant for the
arrest of the probationer upon the affidavit of one having knowledge
of the alleged violation, returnable forthwith before the court in
which revocation proceedings are being brought. (b) The court, upon the probationer being brought before it, may
commit him or release him with or without bail to await further
hearing or it may dismiss the charge. If the charge is not dismissed
at this time, the court shall give the probationer an opportunity to
be heard fully at the earliest possible date on his own behalf, in
person or by counsel, provided that, if the revocation proceeding is
in a court other than the court of the original criminal conviction,
the sentencing court shall be given ten days' written notice prior
to a hearing on the merits. (c) After the hearing, the court may revoke, modify, or continue the
probation. If the probation is revoked, the court may order the
execution of the sentence originally imposed or of any portion
thereof. In such event, the time that the defendant has served under
probation shall be considered as time served and shall be deducted
from and considered a part of the time he was originally sentenced
to serve. (d) In cases where the probation is revoked in a county other than
the county of original conviction, the clerk of court in the county
revoking probation may record the order of revocation in the judge's
minute docket, which recordation shall constitute sufficient
permanent record of the proceedings in that court. The clerk shall
send one copy of the order revoking probation to the department to
serve as a temporary commitment and shall send the original order
revoking probation and all other papers pertaining thereto to the
county of original conviction to be filed with the original records.
The clerk of court of the county of original conviction shall then
issue a formal commitment to the department. |