§ 304 - Disposition alternatives upon violation of probation
§ 304. Disposition alternatives upon violation of probation
(a) If a violation is established by a proceeding conducted in accordance with section 302 of this title, the court may, in its discretion, revoke probation and require the probationer to serve the sentence which was suspended or order that the sentence be served in the community pursuant to the provisions of chapter 6 of this title.
(b) As an alternative to revocation and imposition of sentence as provided in subsection (a) of this section, the court, in its discretion, after a violation has been established, may:
(1) Continue the probationer on the existing sentence; or
(2) Effect, in accordance with subsection 253(b) of this title, necessary or desirable changes or enlargements in the conditions of probation; or
(3) Conduct a formal or informal conference with the probationer in order to reemphasize to him or her the necessity of compliance with the conditions of probation; or
(4) Issue a formal or informal warning to the probationer that further violations may result in revocation of probation by the court; or
(5) Continue the probationer on the existing sentence, but require the probationer to serve any portion of the sentence.
(c) Prior to ordering either revocation or an alternative sanction for a violation of probation in accordance with subsection (b) of this section, the court shall consider, but has complete discretion whether to follow, sanction guidelines established by the department of corrections pursuant to subsection (e) of this section.
(d) No plea agreement shall limit the court's discretion under this section.
(e) The department of corrections shall adopt rules pursuant to chapter 25 of Title 3 that establish graduated sanction guidelines for probation violations as an alternative to revocation and imposition of the original sentence. These guidelines do not grant the department any authority to impose sanctions for probation violations. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1989, No. 291 (Adj. Sess.), § 5; amended 2001, No. 124 (Adj. Sess.), § 12, eff. June 5, 2002; 2005, No. 63, § 8.)