Section 360.3. Hearing on violation  


Latest version.
  • 1. The court may not revoke an order of
      probation  or conditional discharge unless: (a) the court has found that
      the respondent has violated a condition  of  such  order;  and  (b)  the
      respondent  has  had  an  opportunity  to  be  heard.  The respondent is
      entitled to a hearing in accordance with this section promptly  after  a
      petition of violation has been filed.
        2.  At  the  time  of  his  first appearance following the filing of a
      petition of violation the court must: (a) advise the respondent  of  the
      contents  of  the  petition  and  furnish  him  with a copy thereof; (b)
      determine whether the respondent should be released or detained pursuant
      to section 320.5; and (c) ask the respondent whether he wishes  to  make
      any  statement  with respect to the violation. If the respondent makes a
      statement, the court may accept it and base its  decision  thereon;  the
      provisions   of   subdivision  two  of  section  321.3  shall  apply  in
      determining whether a statement should be accepted. If  the  court  does
      not  accept  such  statement  or  if  the  respondent  does  not  make a
      statement, the court shall proceed with the hearing. Upon  request,  the
      court  shall  grant a reasonable adjournment to the respondent to enable
      him to prepare for the hearing.
        3. At such hearing, the court may receive any relevant, competent  and
      material  evidence.   The respondent may cross-examine witnesses and may
      present evidence on his own behalf.
        4. The respondent is entitled to counsel at all stages of a proceeding
      under this section and the court shall advise him of such right  at  the
      outset of the proceeding.
        5.  The presentment agency shall present the petition in all stages of
      this part.
        6. At the conclusion of the hearing the court may revoke, continue  or
      modify  the  order  of  probation or conditional discharge. If the court
      revokes the order, it shall order a different  disposition  pursuant  to
      section  352.2.  If  the  court  continues  the  order  of  probation or
      conditional discharge, it shall dismiss the petition of violation.