46.2205 Conditions-Revocation or modification.

Cite as [A.S.C.A. § 46.2205]

(a) While on probation, and among the conditions thereof, the defendant:

(1) may be required to pay a fine in 1 or several sums; and

(2) may be required to make restitution or reparation, in money or in service, to the victim of his conduct for the damage or injury which was caused by the offense for which conviction was had, the amount and manner to be fixed by the High Court but not to exceed an amount the defendant will be able to pay within the probation term; and

(3) may be required to provide for the support of any persons for whose support he is legally responsible.

(b) The court may revoke or modify any condition of probation at any time prior to the expiration or termination of the probation period.

History: 1979, PL 16-43 § 2.

Case Notes:

The High Court has continuing jurisdiction to terminate or modify the conditions of probation throughout the entire term of probation. A.S.C.A. § 46.2205. American Samoa Government v. Falefatu, 17 A.S.R.2d 114 (1990).

An untimely motion for a new trial was construed to be one to terminate conditions of probation. A.S.C.A. § 46.2205. American Samoa Government v. Falefatu, 17 A.S.R.2d 114 (1990).

Conditions of probation are valid if they are reasonably related either to rehabilitation or to public protection, at least if the entire sentence considered as a whole was reasonably calculated to achieve both of these purposes. A.S.C.A. § 46.2205. American Samoa Government v. Falefatu, 17 A.S.R.2d 114 (1990).

In a criminal case, a court may require a defendant to leave the territory as a condition of probation and may impose other probationary conditions reasonably related to the purposes of probation beyond those conditions enumerated in the statute. A.S.C.A. §§ 41.0614, 46.2205. American Samoa Government v. Salu, 22 A.S.R.2d 48 (1992).

Research Guide: 28 ASC 2.