New probation hearings allowed at any time; modification of
conditions; deadlines
Sec. 1.8. (a) This section does not apply to the modification of a
user's fee payment under section 1.7(b) of this chapter.
(b) The court may hold a new probation hearing at any time
during a probationer's probationary period:
(1) upon motion of the probation department or upon the court's
motion; and
(2) after giving notice to the probationer.
(c) At a probation hearing described in subsection (b), the court
may modify the probationer's conditions of probation. If the court
modifies the probationer's conditions of probation, the court shall:
(1) specify in the record the conditions of probation; and
(2) advise the probationer that if the probationer violates a
condition of probation during the probationary period, a petition
to revoke probation may be filed before the earlier of the
following:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the
violation.
(d) The court may hold a new probation hearing under this section
even if:
(1) the probationer has not violated the conditions of probation;
or
(2) the probation department has not filed a petition to revoke
probation.
As added by P.L.14-2005, SEC.1.
Last modified: May 24, 2006