1. A probation officer or the judicial district department of correctional services having probable cause to believe that any person released on probation has violated the conditions of probation shall proceed by arrest or summons as in the case of a parole violation.
2. Except as otherwise provided in sections 907.8 and 907.8A, the functions of the liaison officer and the board of parole shall be performed by the judge or magistrate who placed the alleged violator on probation if that judge or magistrate is available, otherwise by another judge or magistrate who would have had jurisdiction to try the original offense.
3. If the probation officer proceeds by arrest and section 907.8A does not apply, any magistrate may receive the complaint, issue an arrest warrant, or conduct the initial appearance and probable cause hearing if it is not convenient for the judge who placed the alleged violator on probation to do so. The initial appearance, probable cause hearing, and probation revocation hearing, or any of them, may at the discretion of the court be merged into a single hearing when it appears that the alleged violator will not be prejudiced by the merger.
4. If the person who is believed to have violated the conditions of probation was sentenced and placed on probation in the sixth judicial district under section 907.8A, or jurisdiction over the person was transferred to the sixth judicial district as a result of transfer of the person's probation supervision, the functions of the liaison officer and the board of parole may be performed by the administrative parole and probation judge as provided in section 907.8A.
5. If the probation officer proceeds by arrest and section 907.8A applies, the administrative parole and probation judge may conduct the probable cause hearing and probation revocation hearing. The probable cause hearing and probation revocation hearing may, at the discretion of the administrative parole and probation judge, be merged into a single hearing when it appears that the alleged violator will not be prejudiced by the merger. An administrative parole and probation judge may conduct any or all appearances or hearings electronically or by telephone. An administrative parole and probation judge may reconsider a person's sentence in the manner provided in sections 902.4 and 903.2 if reconsideration is deemed appropriate and the person's probation was revoked by an administrative parole and probation judge in the sixth judicial district. The sheriff shall coordinate and provide transportation and security for probation hearings conducted by an administrative parole and probation judge.
6. If the violation is established, the court or the administrative parole and probation judge may take any of the following actions:
a. Continue the probation with or without an alteration of the conditions of probation.
b. Sentence the defendant to a jail term while continuing the probation.
c. Order the defendant to be placed in a violator facility established pursuant to section 904.207 while continuing the probation.
d. Revoke the probation and require the defendant to serve the sentence imposed or any lesser sentence.
The order of an administrative parole and probation judge shall become a final decision, unless the defendant appeals the decision to the board of parole within the time provided in rules adopted by the board. The appeal shall be conducted pursuant to rules adopted by the board and the record on appeal shall be the record made at the hearing conducted by the administrative parole and probation judge.
[S13, § 5447-b; C24, 27, 31, 35, 39, § 3805, 3806; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 247.26, 247.27; C79, 81, § 908.11]
84 Acts, ch 1244, § 6; 91 Acts, ch 219, §29; 97 Acts, ch 125, § 10; 97 Acts, ch 126, § 52; 98 Acts, ch 1197, § 2, 3, 13
Referred to in § 232.54, 901B.1, 907.3A, 907.8A
For repeal of 1998 amendments by 98 Acts, ch 1197, § 2, 3, and future amendments effective July 1, 2002, see 98 Acts, ch 1197, § 8, 13; 2000 Acts, ch 1177, §4, 5
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