04 HB 1161 / AP
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 options system probationer has violated a condition of probation . If the chief probation officer determines that the probationer has violated a condition of probation , the chief probation officer is authorized to impose sanctions consistent with paragraphs ( 4 ) through ( 8 ) of subsection ( c ) of Code Section 42-8-153 . The failure of an options system probationer to comply with a sanction imposed by the chief probation officer shall constitute a violation of probation . ( c )( 1 ) Upon issuance of a petition outlining the alleged probation violations , the hearing officer may initiate an administrative proceeding to determine whether an options system probationer has violated a condition of probation . If the hearing officer determines by a preponderance of the evidence that the probationer has violated a condition of probation , the hearing officer may impose sanctions consistent with Code Section 42-8-153 . ( 2 ) The administrative proceeding provided for under this subsection shall be commenced within 15 days , but not less than 48 hours after notice of the administrative proceeding has been served on the probationer . The administrative proceeding may be conducted electronically . ( d ) The failure of a probationer to comply with the sanction or sanctions imposed by the chief probation officer or hearing officer shall constitute a violation of probation . ( e ) An options system probationer may at any time waive a hearing and voluntarily accept the sanctions proposed by the department .
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42-8-156 . ( a ) The hearing officer ´ s decision shall be final unless the options system probationer files an appeal in the sentencing court . Such appeal shall name the commissioner as defendant and shall be filed within 30 days of the issuance of the decision by the department . ( b ) This appeal shall be first reviewed by the judge upon the record . At the judge ´ s discretion , a de novo hearing may be held on the decision . The filing of the appeal shall not stay the department ´ s decision . ( c ) Where the sentencing judge does not act on the appeal within 30 days of the date of the filing of the appeal , the department ´ s decision shall be affirmed by operation of law .
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42-8-157 . Nothing contained in this article shall be construed as repealing any power given to any court of this state to place offenders on probation or to supervise offenders .
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42-8-158 . This article shall only apply in counties that have an options system day reporting center certified by the department .
H . B . 1161 - 6 -