A. Upon a violation by the defendant of any condition regulating the conduct of the defendant, the court shall enter judgment and impose sentence. Whether a violation of condition has occurred shall be determined by the court upon notice to the defendant or the defendant's attorney of record or, if a juvenile, a parent or guardian. At the first appearance of the defendant in court or at the commencement of the hearing, whichever is first in time, the court shall advise the defendant of the defendant's rights at the hearing, of the nature of the violation of sentence alleged against the defendant and the possible penalties and shall require the defendant to admit or deny the violation of sentence. There shall be no right to a trial by jury in proceedings for revocation of sentence or probation.
B. The court may allow the defendant to show cause immediately as to why the suspended sentence or probation should not be revoked or, if the defendant requests a continuance of the hearing to determine whether any conditions have been violated, the court may, on good cause shown, order a future hearing date be set. At that hearing, the prosecution has the burden of establishing by a preponderance of the evidence the violation of a condition of sentencing; except that the commission of a criminal offense must be established beyond a reasonable doubt. When the alleged violation of a condition is the defendant's failure to pay court ordered compensation to appointed counsel, probation fees, court costs, restitution or reparations, evidence of the failure to pay shall constitute prima facie evidence of a violation. The court may, when it appears that the alleged violation of conditions of sentencing consists of an offense with which the defendant is charged in a criminal proceeding then pending, continue the revocation hearing until the termination of the criminal proceeding. Any evidence having probative value shall be received regardless of its admissibility under the rules of evidence if the defendant is accorded a fair opportunity to rebut hearsay evidence.
C. If the defendant is in custody based on the revocation hearing, the hearing shall be held within fifteen (15) days after the filing of the complaint, unless a delay or continuance is granted by the court at the instance or request of the defendant or for other good cause found by the court justifying further delay.
D. If the court determines that a violation of a condition of sentencing has been committed, it shall:
1. In the case of a suspended sentence, either revoke, revoke and reimpose all or a portion of the suspended sentence, or continue the suspended sentence. If the suspended sentence is revoked and reimposed or continued, the court may impose reasonable conditions of suspension. Upon revocation of the suspended sentence, the period of any resuspension of sentence shall not exceed a two (2) year period from the original sentencing date. After the two (2) year period has elapsed, the privilege of a suspended sentence is no longer an option. If the court determines that no violation of conditions has occurred, the court shall continue the suspended sentence as originally granted.
2. In the case of probation, either revoke or continue the defendant's probation. If probation is continued, the court may impose reasonable conditions of probation. If defendant's probation is revoked, the court may impose any sentence or grant any probation that might originally have been imposed or granted. The period of probation, together with any extensions, shall not exceed a two (2) year period from the original sentencing date. After the two (2) year period has elapsed, the privilege of probation is no longer an option. If the court determines that no violation of conditions has occurred, the court shall continue probation as originally granted. (Ord. 04-178; Ord. 07-102)