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PAG LIN
1 1 Section 1. Section 908.11, Code 1997, is amended to read
1 2 as follows:
1 3 908.11 VIOLATION OF PROBATION.
1 4 1. A probation officer or the judicial district department
1 5 of correctional services having probable cause to believe that
1 6 any person released on probation has violated the conditions
1 7 of probation shall proceed by arrest or summons as in the case
1 8 of a parole violation.
1 9 2. The functions of the liaison officer and the board of
1 10 parole shall be performed by the judge or magistrate who
1 11 placed the alleged violator on probation if that judge or
1 12 magistrate is available, otherwise by another judge or
1 13 magistrate who would have had jurisdiction to try the original
1 14 offense.
1 15 3. If the probation officer proceeds by arrest, any
1 16 magistrate may receive the complaint, issue an arrest warrant,
1 17 or conduct the initial appearance and probable cause hearing
1 18 if it is not convenient for the judge who placed the alleged
1 19 violator on probation to do so. If, however, the grounds for
1 20 probable cause to believe a probation violation has occurred
1 21 are allegations that the person has committed a violation of
1 22 section 719.4 by being voluntarily absent from a correctional
1 23 facility, the probation officer may arrest the person without
1 24 an arrest warrant. If a person who has been released on
1 25 probation is arrested without an arrest warrant, the person
1 26 shall be brought before a magistrate without unnecessary delay
1 27 for an initial appearance.
1 28 4. The initial appearance, probable cause hearing, and
1 29 probation revocation hearing, or any of them, may at the
1 30 discretion of the court be merged into a single hearing when
1 31 it appears that the alleged violator will not be prejudiced
1 32 thereby. If the violation is established, the court may
1 33 continue the probation with or without an alteration of the
1 34 conditions of probation. If the defendant is an adult the
1 35 court may hold the defendant in contempt of court and sentence
2 1 the defendant to a jail term while continuing the probation,
2 2 order the defendant to be placed in a violator facility
2 3 established pursuant to section 904.207 while continuing the
2 4 probation, or revoke the probation and require the defendant
2 5 to serve the sentence imposed or any lesser sentence, and, if
2 6 imposition of sentence was deferred, may impose any sentence
2 7 which might originally have been imposed.
2 8 EXPLANATION
2 9 This bill provides that if the grounds for probable cause
2 10 for a probation violation are that the probationer knowingly
2 11 and voluntarily is absent from a correctional facility, the
2 12 probation officer may arrest the person without first seeking
2 13 a warrant for arrest from a judge or magistrate. Currently, a
2 14 probation officer must seek a warrant for the arrest of any
2 15 suspected violators of probation before the alleged violator
2 16 can be arrested and brought before the court for hearing. All
2 17 alleged violators who are arrested under the provisions of the
2 18 bill are to be brought before a magistrate for an initial
2 19 appearance without unnecessary delay by the officer making the
2 20 arrest.
2 21 LSB 1207HH 77
2 22 lh/cf/24
Text: HF00023 Text: HF00025 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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