§ 12-19-9 - Violation of terms of probation – Notice to attorney general – Revocation or continuation of suspension.
SECTION 12-19-9
§ 12-19-9 Violation of terms of probation– Notice to attorney general – Revocation or continuation ofsuspension. – Whenever any person who has been placed on probation pursuant to § 12-9-8violates the terms and conditions of his or her probation as fixed by thecourt, the police or the probation authority shall inform the attorney generalof the violation, and the attorney general shall cause the defendant to appearbefore the court. The court may request the division of field services torender a report relative to the conduct of the defendant, and, pending receiptof the report, may order the defendant held without bail for a period notexceeding ten (10) days, excluding Saturdays, Sundays, and holidays. The courtshall conduct a hearing to determine whether the defendant has violated theterms and conditions of his or her probation, at which hearing the defendantshall have the opportunity to be present and to respond. Upon a determinationthat the defendant has violated the terms and conditions of his or herprobation the court, in open court and in the presence of the defendant, mayremove the suspension and order the defendant committed on the sentencepreviously imposed, or on a lesser sentence, or impose a sentence if one hasnot been previously imposed, or may continue the suspension of a sentencepreviously imposed, as to the court may seem just and proper.