217.722. Probation officers, power to arrest, when--preliminary hearing allowed, when--notice to sentencing court.
Probation officers, power to arrest, when--preliminary hearingallowed, when--notice to sentencing court.
217.722. 1. If any probation officer has probable cause to believethat the person on probation has violated a condition of probation, theprobation officer may issue a warrant for the arrest of the person onprobation. The officer may effect the arrest or may deputize any otherofficer with the power of arrest to do so by giving the officer a copy ofthe warrant which will outline the circumstances of the alleged violationand contain the statement that the person on probation has, in the judgmentof the probation officer, violated the conditions of probation. Thewarrant delivered with the offender by the arresting officer to theofficial in charge of any jail or other detention facility shall besufficient authority for detaining the person on probation pending apreliminary hearing on the alleged violation. Other provisions of lawrelating to release on bail of persons charged with criminal offenses shallbe applicable to persons detained on alleged probation violations.
2. Any person on probation arrested under the authority granted insubsection 1 of this section shall have the right to a preliminary hearingon the violation charged as long as the person on probation remains incustody or unless the offender waives such hearing. The person onprobation shall be notified immediately in writing of the alleged probationviolation. If arrested in the jurisdiction of the sentencing court, andthe court which placed the person on probation is immediately available,the preliminary hearing shall be heard by the sentencing court. Otherwise,the person on probation shall be taken before a judge or associate circuitjudge in the county of the alleged violation or arrest having originaljurisdiction to try criminal offenses or before an impartial member of thestaff of the Missouri board of probation and parole, and the preliminaryhearing shall be held as soon as possible after the arrest. Suchpreliminary hearings shall be conducted as provided by rule of court or byrules of the Missouri board of probation and parole. If it appears thatthere is probable cause to believe that the person on probation hasviolated a condition of probation, or if the person on probation waives thepreliminary hearing, the judge or associate circuit judge, or member of thestaff of the Missouri board of probation and parole shall order the personon probation held for further proceedings in the sentencing court. Ifprobable cause is not found, the court shall not be barred from holding ahearing on the question of the alleged violation of a condition ofprobation nor from ordering the person on probation to be present at such ahearing.
3. Upon such arrest and detention, the probation officer shallimmediately notify the sentencing court and shall submit to the court awritten report showing in what manner the person on probation has violatedthe conditions of probation. Thereupon, or upon arrest by warrant, thecourt shall cause the person on probation to be brought before it withoutunnecessary delay for a hearing on the violation charged. Revocationhearings shall be conducted as provided by rule of court.
(L. 1989 H.B. 408 § 6, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)