(A) Violations.
(1) When a petition is filed charging a violation of a condition of supervision, the court may:
(a) Order the issuance of a notice to the offender to be present. Such notice to the offender shall be issued by the circuit court clerk; or
(b) Order a summons to the offender to be present for hearing; or
(c) Order a warrant for the offender's arrest where there is a danger of his or her fleeing the jurisdiction or causing serious harm to others or when the offender fails to answer a summons or notice from the clerk of the court.
(2) Personal service of the petition for violation of conditions of supervision of the issuance of such warrant, summons or notice shall toll the period of supervision until the final determination of the charge, and the term of supervision shall not run until the hearing and the disposition of the petition for violation of conditions of supervision.
(B) The court shall conduct a hearing on the alleged violation of the conditions of supervision.
(C) The city has the burden of going forward with the evidence and proving the violation of conditions of supervision by a preponderance of the evidence.
(D) Supervision shall not be revoked for failure to comply with conditions of a sentence of supervision, which imposes financial obligations upon the offender unless such failure is due to his or her willful refusal to pay.
(E) If the court finds that the offender has violated a condition of supervision at any time prior to the expiration or termination of the period of supervision, it may continue him/her on the existing sentence, with or without modifying or enlarging the conditions, or may impose any other sentence that was available to it at the time of the initial sentencing under the provisions of the code of the city.
(F) The conditions of supervision may be modified by the court on motion of the probation officer or on its own motion or at the request of the offender after notice and a hearing.
(G) A judgment revoking supervision is a final and appealable order.
(H) Resentencing after revocation of supervision shall be under the terms and conditions of the code of the city.
('72 Code, § 11.060) (Ord. passed 7-15-85)