04 HB 1161 / AP
1 2
( g ) of Code Section 42-8-34 , and may modify or revoke any part of a probated sentence as provided in Code Section 42-8-34.1 and subsection ( c ) of Code Section 42-8-38 .
3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
42-8-153 . ( a ) The department is authorized to establish by rules and regulations a system of administrative sanctions as an alternative to judicial modifications or revocations for probationers who violate the terms and conditions of the sentencing options system established under this article . The department may not , however , sanction probationers for violations of special conditions of probation or general conditions of probation for which the sentencing judge has expressed an intention that such violations be heard by the court pursuant to Code Section 42-8-34.1 . ( b ) The department shall only impose restrictions which are equal to or less restrictive than the initial sanction set by the sentencing judge . ( c ) The administrative sanctions which may be imposed by the department are as follows , from most restrictive to least restrictive : ( 1 ) Probation detention center or residential substance abuse treatment facility ; ( 2 ) Probation boot camp ; ( 3 ) Probation diversion center ; ( 4 ) Intensive probation ; ( 5 ) Options system day reporting center ; ( 6 ) Electronic monitoring ; ( 7 ) Community service ; or ( 8 ) Probation supervision .
23 24 25 26 27 28
42-8-154 . Whenever an options system probationer is arrested on a warrant for an alleged violation of probation , an informal preliminary hearing shall be held within a reasonable time not to exceed 15 days . However , a preliminary hearing is not required if the probationer is not under arrest on a warrant , or if the probationer has signed a waiver of a preliminary hearing .
29 30 31 32 33 34
42-8-155 . ( a ) If an options system probationer violates the conditions of probation , the department may impose administrative sanctions as an alternative to judicial modification or revocation of probation . ( b ) Upon issuance of a petition outlining the alleged probation violations , the chief probation officer , or his or her designee , may conduct a hearing to determine whether an
H . B . 1161 - 5 -