46-23-1015. Informal probation violation intervention hearing. (1) A probation and parole officer who reasonably believes that a probationer has violated a condition of probation may initiate an informal probation violation intervention hearing to gain the probationer's compliance with the conditions of probation without a formal revocation hearing under 46-18-203.
(2) A hearings officer designated by the department shall conduct the intervention hearing.
(3) If the hearings officer determines by a preponderance of the evidence that the probationer has violated a condition of probation, the hearings officer may order the probationer to serve up to 30 days in a county detention center, with credit for time served since the time of arrest, or order the probationer to participate in a day reporting program as provided for in 53-1-203 and order the probationer to pay the costs of incarceration or participation in the day reporting program. The department shall pay the incarceration costs not paid by the probationer.
(4) The provisions of chapter 9 of this title regarding release on bail of a person charged with a crime are not applicable to a probationer ordered to be held in a county detention center under this section.
History: En. Sec. 6, Ch. 493, L. 2001; amd. Sec. 4, Ch. 517, L. 2005.