FIXED PERIOD OF PROBATION OR SUSPENSION OF SENTENCE — REARREST AND REVOCATION.

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20-222. FIXED PERIOD OF PROBATION OR SUSPENSION OF SENTENCE — REARREST AND REVOCATION. (1) The period of probation or suspension of sentence shall be fixed by the court and may at any time be extended or terminated by the court. Such period with any extension thereof shall not exceed the maximum period for which the defendant might have been imprisoned.

(2) At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Thereupon the court, after summary hearing may revoke the probation and suspension of sentence and cause the sentence imposed to be executed, or may cause the defendant to be brought before it and may continue or revoke the probation, or may impose any sentence which originally might have been imposed at the time of conviction. In making a determination to continue or revoke probation and suspension of sentence, the court shall consider the defendant’s risks and needs and options for treatment in the community.

History:

[20-222, added 1947, ch. 53, sec. 22, p. 59; am. 1986, ch. 311, sec. 1, p. 762; am. 2014, ch. 150, sec. 11, p. 424.]


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