§ 779-A — Petition and hearing on violation of order of probation or suspended judgment

§ 779-a. Petition and hearing on violation of order of probation or\nsuspended judgment. (a) If, at any time during the period of probation,\nthe petitioner, probation service or appropriate presentment agency has\nreasonable cause to believe the respondent has violated a condition of\nthe disposition, the petitioner, probation service or appropriate\npresentment agency may file a violation petition.\n (b) The petition must be verified and subscribed by the petitioner,\nprobation service or the appropriate presentment agency. The petition\nmust specify the condition or conditions of the order violated and a\nreasonable description of the date, time, place and specific manner in\nwhich the violation occurred. Non-hearsay allegations of the factual\npart of the petition or of any supporting depositions must establish, if\ntrue, every violation charged.\n (c) Upon the filing of a violation petition, the court must promptly\ntake reasonable and appropriate action to cause the respondent to appear\nbefore it for the purpose of enabling the court to make a final\ndetermination with respect to the alleged delinquency. Where the\nrespondent is on probation pursuant to section seven hundred fifty-seven\nof this article, the time for prompt court action shall not be construed\nagainst the probation service when the respondent has absconded from\nprobation supervision and the respondent's whereabouts are unknown. The\ncourt must be notified promptly of the circumstances of any such\nprobationers.\n (d) If a petition is filed under subdivision (a) of this section and\nthe petition satisfies the requirements of subdivision (b) of this\nsection, the period of probation or suspended judgment prescribed by\nsection seven hundred fifty-five or seven hundred fifty-seven of this\narticle shall be interrupted as of the date of the filing of the\npetition. Such interruption shall continue until a final determination\nof the petition or until such time as the respondent reaches the maximum\nage of acceptance into placement with the commissioner of social\nservices. If the court dismisses the violation petition, the period of\ninterruption shall be credited to the period of probation or suspended\njudgment.\n (e) Hearing on violation. (i) The court may not revoke an order of\nprobation or suspended judgment unless the court has found by competent\nproof that the respondent has violated a condition of such order in an\nimportant respect and without just cause and that the respondent has had\nan opportunity to be heard. The respondent is entitled to a hearing\npromptly after a violation petition has been filed. The respondent is\nentitled to counsel at all stages of the proceeding and may not waive\nrepresentation by counsel except as provided in section two hundred\nforty-nine-a of this act.\n (ii) At the time of the respondent's first appearance following the\nfiling of a violation petition, the court must:\n (A) advise the respondent of the contents of the petition and furnish\na copy to the respondent;\n (B) advise the respondent that he or she is entitled to counsel at all\nstages of a proceeding under this section and appoint an attorney\npursuant to section two hundred forty-nine of this act if independent\nlegal representation is not available to the respondent. If practicable,\nthe court shall appoint the same attorney who represented the respondent\nin the original proceedings under this article; and\n (C) determine whether the respondent should be released or detained\npursuant to section seven hundred twenty of this article.\n (iii) Upon request, the court shall grant a reasonable adjournment to\nthe respondent to prepare for the hearing.\n (iv) At the hearing, the court may receive any evidence that is\nrelevant, competent and material. The respondent may cross-examine\nwitnesses and present evidence on his or her own behalf. The court's\ndetermination must be based upon competent evidence.\n (v) At the conclusion of the hearing, the court may adjourn the matter\nfor a new dispositional hearing in accordance with subdivision (b) or\n(c) of section seven hundred forty-nine of this article. The court may\nrevoke, continue or modify the order of probation or suspended judgment.\nIf the court revokes the order, it shall order a different disposition\npursuant to subdivision one of section seven hundred fifty-four of this\narticle and shall make findings in accordance with subdivision two of\nsuch section. If the court continues the order of probation or suspended\njudgment, it shall dismiss the petition of violation.\n