A. When it appears to the satisfaction of the court that the ends of justice and the best interests of the public, as well as of the defendant, will be served thereby, the court may grant the defendant probation for a period not to exceed one year upon any terms and conditions the court deems reasonable. The court may provide as an explicit condition of a sentence to probation that the defendant not commit specified offenses during the period for which the sentence remains subject to revocation and that the defendant comply with any other court ordered or Probation Department ordered conditions. The terms and conditions of probation may include that the defendant:
1. Make restitution to every victim of the offense for which the defendant is granted probation for all damage or injury sustained;
2. Pay all costs and fines in a timely fashion;
3. Report any change of address, telephone number or employment, as directed by the Probation Department, answer all reasonable inquiries by the Probation Department and not leave the State without first obtaining the permission of the Probation Department;
4. Diligently and continuously seek to remain steadily employed or, if a minor, to remain in school or a school alternative on a full time basis;
5. Report to the Probation Department at all times as may be required by the court or by the Probation Department;
6. Abstain from the use of alcohol, and the unlawful use or possession of narcotics or any other dangerous drugs without a prescription;
7. Participate and cooperate fully in any program and/or counseling as directed by the court or the Probation Department, and pay any fees associated with the program or counseling;
8. Participate and cooperate fully in any special terms and conditions of probation reasonably related to the defendant's rehabilitation and the purposes of probation as imposed by the court or the Probation Department;
9. Abide by all court orders.
B. After notice to the defendant, the City Attorney and the Probation Department, the Municipal Judge may for good cause shown reduce or increase the term of probation or alter the conditions or impose new conditions. At the request of the defendant or the City Attorney, a hearing shall be held to determine whether good cause exists to modify the defendant's probation.
C. If the Probation Department has reason to believe that a defendant has violated any condition of probation, the Probation Department may issue a show cause order requiring the defendant to appear before the court at a specified time and place to answer the charge of violating the conditions of probation. The show cause order shall contain a brief statement of the violation and specify the date of the violation. Failure of the defendant to appear before the court as required by the show cause order shall be deemed a violation of a condition of probation.
D. A warrant for the arrest of the defendant for a violation of the conditions of probation may be issued by a Municipal Court Judge upon the report of the Probation Department or upon the complaint, verified by the Probation Department, of any person, establishing to the satisfaction of the Municipal Court Judge probable cause to believe that a condition of probation has been violated and the arrest of the defendant is reasonably necessary. The warrant may be executed by a peace officer authorized to execute warrants in the City.
E. Within five (5) working days after the arrest of any defendant as provided above, the Probation Department shall complete its investigation and either:
1. Cause to be personally served upon the defendant at the first court appearance or through the United States Postal Service, a show cause order for the alleged violation of sentence no less than five (5) working days prior to the hearing; or
2. Recommend that the court order the release of the defendant, if in custody. (Ord. 04-178; Ord. 07-102)