TITLE 20

STATE PRISON AND COUNTY JAILS

CHAPTER 2

STATE BOARD OF CORRECTION

20-221.  Modification of terms or conditions of probation or suspension of sentence — termination of probation. (1) By order duly entered the court may impose and may at any time modify any terms or conditions of probation or suspension of sentence. The court shall cause a copy of any such order to be delivered to the board of correction, to the prosecuting attorney and to the probationer.

(2)  Any party or the board of correction may submit to the court a request to modify the terms and conditions of probation for any probationer under the board’s supervision at any time during the period of probation. A request to modify the terms and conditions of probation shall be supported by a statement attested to under oath or signed under penalty of perjury pursuant to section 9-1406, Idaho Code, setting forth the facts upon which the request is based. The requesting party or the board, as the case may be, shall deliver a copy of the request and statement to all parties and to the board. The prosecuting attorney shall notify the victim of the request to modify the terms and conditions of probation. Any responses to a request to modify shall be filed within thirty (30) days of the date of submittal of the request. The court may, without a hearing, rule upon a request to modify based on a review of the case, the request, the statement and any responses to the request, or may schedule a hearing on the request to modify. The court shall by written order rule on the request to modify within sixty (60) days of the date of submittal of the request.

(3)  Any party or the board of correction may submit to the court a request to terminate the probation for any probationer under the board’s supervision at any time during the period of probation. A request to terminate probation shall be supported by a statement attested to under oath or signed under penalty of perjury pursuant to section 9-1406, Idaho Code, setting forth the facts upon which the request is based. The requesting party or the board, as the case may be, shall deliver a copy of the request and statement to all parties and to the board. The prosecuting attorney shall notify the victim of a request to terminate probation. Any responses to a request to terminate probation shall be filed within thirty (30) days of the date of submittal of the request. The court may, without a hearing, rule upon a request to terminate based on a review of the case, the request, the statement and any responses to the request, or may schedule a hearing on the request to terminate. The court shall rule on the request within sixty (60) days of the date of submittal of the request. A court order granting a request to terminate probation under this subsection shall be deemed a final discharge from the remaining period of probation.

History:

[20-221, added 1947, ch. 53, sec. 21, p. 59; am. 2014, ch. 150, sec. 10, p. 423.]