Section 15-22-54Period of probation; termination of probation; violation of terms of probation.
(a) The period of probation or suspension of execution of sentence shall be determined by the court, and the period of probation or suspension may be continued, extended, or terminated. However, in no case shall the maximum probation period of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period of a defendant guilty of a felony exceed five years. When the conditions of probation or suspension of sentence are fulfilled, the court shall, by order duly entered on its minutes, discharge the defendant.
(b) The court granting probation may, upon the recommendation of the officer supervising the probationer, terminate all authority and supervision over the probationer prior to the declared date of completion of probation upon showing a continued satisfactory compliance with the conditions of probation over a sufficient portion of the period of the probation.
(c) At any time during the period of probation or suspension of execution of sentence, the court may issue a warrant and cause the defendant to be arrested for violating any of the conditions of probation or suspension of sentence.
(d) Except as provided in Chapter 15 of Title 12, any probation officer, police officer, or other officer with power of arrest, when requested by the probation officer, may arrest a probationer without a warrant. In case of an arrest without a warrant, the arresting officer shall have a written statement by the probation officer setting forth that the probationer has, in his or her judgment, violated the conditions of probation, and the statement shall be sufficient warrant for the detention of the probationer in the county jail or other appropriate place of detention until the probationer is brought before the court. The probation officer shall forthwith report the arrest and detention to the court and submit in writing a report showing in what manner the probationer has violated probation.
(1) If the defendant violates any condition of probation or suspension of execution of sentence, the court, after a hearing, may implement one or more of the following options:
a. Continue the existing probation and suspension of execution of sentence.
b. Issue a formal or informal warning to the probationer that further violations may, subject to paragraph f., result in revocation of probation or suspension of execution of sentence.
c. Conduct a formal or informal conference with the probationer to reemphasize the necessity of compliance with the conditions of probation.
d. Modify the conditions of probation or suspension of execution of sentence, which conditions may include the addition of short periods of confinement, not to exceed 90 days incarceration in a county jail, a facility of the Department of Corrections, or work release type facility, if available.
e. Revoke the probation or suspension of execution of sentence for a defendant who is not an eligible offender as defined herein. If the court revokes probation, it may, after a hearing, impose the sentence that was suspended at the original hearing or any lesser sentence.
f. In addition to the provisions of paragraphs a. to d., inclusive, of this subdivision, the probation of an eligible offender may be revoked and the defendant required to serve a term of not more than 90 days imprisonment in a Department of Corrections facility, which may include participation in the restart program, LIFETech program, or a technical violator program or, if no space is available in a Department of Corrections facility, not more than 90 days in the county jail.
g. Notwithstanding any law to the contrary, following release of an eligible offender from incarceration, the sentencing court shall have jurisdiction to sentence the defendant to a period of probation, not to exceed five years or the remainder of his or her suspended sentence, whichever is less.
(2) The court may also continue the existing probation and suspension of execution of sentence of any defendant with the additional condition that the probationer does any of the following:
a. Participates in a community corrections program.
b. Participates in a county work release program.
c. Performs community service.
d. Undergoes intensive probation supervision.
e. Participates in a residential or outpatient drug or alcohol treatment program.
f. Participates and completes a Life Skills Influenced by Freedom and Education Tech (LIFETech) residential program.
(3) If revocation results in a sentence of confinement, credit shall be given for all time spent in custody prior to revocation. Full credit shall be awarded for full-time confinement in facilities such as county jail, state prison, state technical violator programs, and boot camp. Credit for other penalties, such as work release programs, intermittent confinement, and home detention, shall be left to the discretion of the court, with the presumption that time spent subject to these penalties will receive half credit. The court shall also give significant weight to the time spent on probation in substantial compliance with the conditions thereof. The total time spent in confinement may not exceed the term of confinement of the original sentence.
(4) The court shall not revoke probation and order the confinement of the probationer for violations of the conditions of probation unless the court finds on the basis of the original offense and the probationer's intervening conduct, either of the following:
a. No measure short of confinement will adequately protect the community from further criminal activity by the probationer.
b. No measure short of confinement will avoid depreciating the seriousness of the violation.
(5) A defendant determined by the court to be indigent shall not be excluded from a determination as an eligible offender solely because of nonpayment of court-ordered monies. Only the willful nonpayment of court-ordered monies shall exclude an otherwise eligible defendant from being considered an eligible offender.
(e) For purposes of this section and Section 15-22-54.1, the following words have the following meanings:
(1) ADMINISTRATIVE VIOLATION. Any violation of the rules and conditions of probation other than one of the following:
a. A violation of law.
b. Possession, receipt, or transportation of any firearm.
c. Any violation of any condition prohibiting contact with any victim.
d. A violation of any condition which presented a danger to the health, safety, or welfare of any person.
(2) ELIGIBLE OFFENDER. A nonviolent offender meeting all of the following criteria:
a. Serving a probationary sentence who has committed an administrative violation only.
b. Who has no pending criminal charges.
c. Has no convictions for a new offense since the time the offender was placed on probation.
d. Has not on two or more previous occasions been found by a court to be in violation of any condition of the current probation.
(3) NEW OFFENSE. Any misdemeanor or felony, whether in violation of state or federal law except for minor misdemeanor traffic offenses.
(4) NONVIOLENT OFFENDER. A person who has not been convicted at any time of any crime defined in subdivision (13) of Section 12-25-32 and who is not currently on probation for a crime the court finds involved actual or attempted physical harm or injury to any person.
Acts 1939, No. 278, p. 434; Code 1940, T. 42, §24; Acts 1945, No. 426, p. 666; Acts 1949, No. 645, p. 987; Acts 1975, No. 1205, §10-103; Acts 1992, 2nd Ex. Sess., No. 92-689, p. 75, §1; Act 2010-753, p. 1905, §1; Act 2011-696, p. 2125, §1.)