Modification of probation is governed by the procedures |
contained in Title 17-A, section 1202, subsection 2. |
Termination of probation is governed by the procedures |
contained in Title 17-A, section 1202, subsection 3. |
Revocation of probation is governed by the procedures |
contained in Title 17-A, sections 1205, 1205-B, 1205-C and |
1206, except that the provisions of those sections requiring a |
preliminary hearing do not apply and those provisions of Title |
17-A, section 1206, subsection 7-A allowing a vacating of part |
of the suspension of execution apply only to a disposition |
under subsection 1, paragraph G or H; however, a disposition |
under subsection 1, paragraph F may be modified to a |
disposition under subsection 1, paragraph H. Whenever a |
revocation of probation results in the imposition of a |
disposition under subsection 1, paragraph F or a period of |
detention under subsection 1, paragraph H, the court shall |
determine whether reasonable efforts have been made to prevent |
or eliminate the need for removal of the juvenile from the |
juvenile's home or that no reasonable efforts are necessary |
because of the existence of an aggravating factor as defined |
in Title 22, section 4002, subsection 1-B and whether |
continuation in the juvenile's home would be contrary to the |
welfare of the juvenile.__This determination does not affect |
whether the court orders a particular disposition upon a |
revocation of probation. If the juvenile is being detained |
for an alleged violation of probation, the court shall review |
within 48 hours following the detention, excluding Saturdays, |
Sundays and legal holidays, the decision to detain the |
juvenile. Following that review, the court shall order the |
juvenile's release unless the court finds that there is |
probable cause to believe that the juvenile has violated a |
condition of probation and finds, by a preponderance of the |
evidence, that continued detention is necessary to meet one of |
the purposes of detention under section 3203-A, subsection 4, |
paragraph C. Whenever a court orders continued detention, the |
court shall determine whether reasonable efforts have been |
made to prevent or eliminate the need for removal of the |
juvenile from the juvenile's home or that no reasonable |
efforts are necessary because of the existence of an |
aggravating factor as defined in Title 22, section 4002, |
subsection 1-B and whether continuation in the juvenile's home |
would be contrary to the welfare of the juvenile.__This |
determination does not affect whether the court orders |
continued detention. |