Section 360.2. Petition of violation  


Latest version.
  • 1. If at any time during the period of
      an order of probation or conditional discharge the probation service has
      reasonable cause to believe that the respondent has violated a condition
      thereof, it may file a petition of violation.
        2.  The  petition  must  be  verified  and subscribed by the probation
      service or  the  appropriate  presentment  agency.  Such  petition  must
      stipulate  the  condition  or  conditions  of  the  order violated and a
      reasonable description of the  time,  place  and  manner  in  which  the
      violation  occurred.  Non-hearsay allegations of the factual part of the
      petition or of any supporting depositions must establish, if true, every
      violation charged.
        3. The court must promptly take reasonable and appropriate  action  to
      cause the respondent to appear before it for the purpose of enabling the
      court  to  make  a  determination with respect to the alleged violation.
      Such action may include the issuance of a summons under section 312.1 or
      the issuance of a warrant under section 312.2.
        4. If a petition  is  filed  under  subdivision  one,  the  period  of
      probation  as prescribed by section 353.2 shall be interrupted as of the
      date of the filing of the petition.  Such  interruption  shall  continue
      until  a  final  determination  as  to the petition has been made by the
      court pursuant to a hearing held in accordance  with  section  360.3  or
      until  such time as the respondent reaches the maximum age of acceptance
      into a division for youth facility.
        5. If the court determines there was no violation of probation by  the
      respondent the period of interruption shall be credited to the period of
      probation.