45.0363 Probation-Terms-Release-Revocation.

Cite as [A.S.C.A. § 45.0363]

(a) The terms and conditions of probation are specified by the Court. Each child placed on probation is given a Written statement of the terms and conditions of his probation and has the terms and conditions fully explained to him.

(b) (1) The Court reviews the terms and conditions of probation and the progress of each child placed on probation at least once every 6 months.

(2) The Court may release a child from probation or modify the terms and conditions of his probation at any time, but any child who has complied satisfactorily with the terms and conditions of his probation for a period of 2 years is released from probation and the jurisdiction of the Court is terminated.

(c) (1) When it is alleged that a child has violated the terms and conditions of his probation, the Court shall set a hearing on the alleged violation and gives notice to the child and his parents, guardian or other legal custodian, and any other parties to the proceeding as under 45.0311 to 45.0318.

(2) The child, his parents, guardian, or other legal custodian, are given a written statement concerning the alleged violation and has the right to be represented by counsel at the hearing, and are entitled to the issuance of compulsory process for the attendance of witnesses, under 45.0314.

(3) When the child has been taken into custody because of the alleged violation, 45.0202 to 45.0207 and 45.0210 apply.

(4) (A) The hearing on the alleged violation is conducted under 45.0124.

(B) If the Court finds that the child violated the terms and conditions of probation, it may modify the terms and conditions of probation, revoke probation, or take any other action permitted by this chapter which is in the best interests of the child and the public; except that no child under 45.0352 is committed to the Bureau.

(C) If the Court finds that the child did not violate the terms and conditions of his probation as alleged, it dismisses the proceedings and continues the child on probation under the terms and conditions previously prescribed.

(5) If the Court revokes the probation of a person 18 years of age, or older in addition to other action permitted by this chapter, the Court may sentence him to the Territorial Correctional Facility for a period not to exceed 3 months during which he may be released during the day for school attendance, job training, or employment as ordered by the Court.

History: 1980, PL 16-71 § 1.

Research Guide: CRS 19-3-117.