(1)A probation officer may
arrest any probationer when:
(a)The officer has a warrant commanding that the probationer be arrested;
or
(b)The officer has probable cause to believe that a warrant for the
probationer's arrest has been issued in this state or another state for any criminal
offense or for violation of the conditions of probation; or
(c)Any offense pursuant to the laws of this state that is statutorily eligible
for arrest has been or is being committed by the probationer in his presence; or
(d)(Deleted by amendment, L. 2022.)
(e)The officer has probable cause to believe that the conditions of probation
have been violated and probable cause to believe that the probationer is leaving or
about to leave the state, or that the probationer will fail or refuse to appea
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(1) A probation officer may
arrest any probationer when:
(a) The officer has a warrant commanding that the probationer be arrested;
or
(b) The officer has probable cause to believe that a warrant for the
probationer's arrest has been issued in this state or another state for any criminal
offense or for violation of the conditions of probation; or
(c) Any offense pursuant to the laws of this state that is statutorily eligible
for arrest has been or is being committed by the probationer in his presence; or
(d) (Deleted by amendment, L. 2022.)
(e) The officer has probable cause to believe that the conditions of probation
have been violated and probable cause to believe that the probationer is leaving or
about to leave the state, or that the probationer will fail or refuse to appear before
the court to answer charges of violation of the conditions of probation, or that the
arrest of the probationer is necessary to protect the safety of the community or
another person or prevent the commission of a crime.
(f) (Deleted by amendment, L. 2022.)
(2) Unless any circumstances as provided in subsection (1) or (6.5) of this
section exist, when a probation officer has reason to believe that the probationer
violated conditions of probation and that a petition for revocation is necessary and
appropriate subject to section 16-11-215, the probation officer shall issue a
summons requiring the probationer to appear before the court at a specified time
and place to answer charges of violation of the conditions of probation. The
summons, unless accompanied by a copy of a complaint, shall contain a brief
statement of the violation and the date and place thereof. Failure of the probationer
to appear before the court as required by the summons shall be deemed a violation
of the conditions of probation.
(3) If, rather than issuing a summons, a probation officer makes an arrest,
without warrant, of a probationer, the probationer shall be taken without
unnecessary delay before the nearest available judge of a court of record. Any
probationer so arrested shall have all of the rights afforded by the provisions of this
code to persons incarcerated before trial of criminal charges and may be admitted
to bail pending probation revocation hearing.
(4) Within seven days after the arrest of any probationer as provided in this
section, or within a reasonable time after the issuance of a summons under this
section, the probation officer shall complete his or her investigation and either:
(a) File a complaint in the court having jurisdiction of the violation of
probation; or
(b) Order the release of the probationer, if imprisoned, and notify the
probationer that he is relieved of obligation to appear before the court. In such
event, the probation officer shall give written notification to the court of his action.
(5) A complaint alleging the violation of a condition of probation may be filed
either by the probation officer pursuant to subsection (4) of this section or by the
district attorney. Such complaint must contain the name of the probationer, must
identify the violation charged and the condition of probation alleged to have been
violated, including the date and approximate location thereof, must include a
summary of the violation behavior history and any behavioral responses applied
consistent with the structured and individualized behavioral responses developed
pursuant to section 16-11-215 and must be signed by the probation officer or the
district attorney. A copy thereof must be given to the probationer a reasonable
length of time before the probationer appears before the court.
(6) A warrant for the arrest of any probationer for violation of the conditions
of probation may be issued by any judge of a court of record upon the report of a
probation officer or upon the verified complaint of any person, establishing to the
satisfaction of the judge probable cause to believe that a condition of probation has
been violated and that the arrest of the probationer is reasonably necessary. The
warrant may be executed by any probation officer or by a peace officer authorized
to execute warrants in the county in which the probationer is found.
(6.5) Unless there is reason to believe that a probationer would not appear,
would interfere with the criminal justice process, or poses substantial risk of
serious harm to others, a probation officer shall issue a summons rather than
request a warrant when filing a petition for revocation.
(7) A person or entity that provides supervision pursuant to section 18-1.3-202 (2), C.R.S., may issue a summons and file a complaint with the court for a
defendant under his or her supervision in accordance with the provisions of this
section.