(A) The conditions of a conditional discharge may include that the defendant:
(1) Not violate any criminal statute or quasi-criminal ordinance of any jurisdiction; and
(2) Periodically report to and appear in person before the person or agency as directed by the court for the purpose of reviewing the defendant's fulfillment of the conditions of the conditional discharge; and
(3) Work or pursue a course or study of vocational training; and
(4) Undergo medical or psychiatric treatment, professional counsel, or treatment for drug addiction or alcoholism; and
(5) Subject to the limitations set forth in § 134.28, make restitution or reparation in an amount not to exceed actual loss or damage to property and pecuniary loss.
(B) When a court orders restitution or reparation as a condition for a conditional discharge, the court shall determine the amount and conditions of payment. If prior to the expiration or termination of the period of conditional discharge, the defendant violates a condition of payment, the court may impose an additional period of not more than two years, only the conditions of payment shall continue to apply during this additional period. The court shall retain all of the incidents of the original sentence, including the authority to modify or enlarge the conditions and to revoke the penalty of conditional discharge if the conditions of payment are violated during the additional period.
(C) When a petition is filed charging a violation of a condition imposed for conditional discharge, the court:
(1) May order the issuance to the alleged offender of a summons to appear;
(2) May, where the petitioner demonstrates the existence of probable cause that the offender may flee the jurisdiction or cause serious harm to others, or when the offender fails to answer a summons, order a warrant for the offender's arrest;
(3) Shall conduct a hearing of the alleged violation. The court may admit the offender to bail pending the hearing;
(4) Shall receive evidence in open court with the right of confrontation, cross examination, and representation by counsel. The village has the burden of going forward with the evidence and proving the violation by the preponderance of the evidence;
(5) Shall not revoke a conditional discharge for failure to comply with conditions of a sentence which imposes financial obligations upon the offender unless the failure is due to his wilful refusal to pay;
(6) May modify the conditions of a conditional discharge on motion of the village or on his own motion or at the request of the offender after notice to all parties and a hearing.
(D) If the court finds that the offender has violated a condition at any time prior to the expiration or termination of the period, it may continue the offender on the existing period, with or without modifying or enlarging the conditions, or may impose any other penalty that is available at the time of the initial penalty. A judgment revoking probation of conditional discharge is a final, appealable order.
(Ord. 614, passed 4-19-78; Am. Ord. 09-0793, passed 10-21-09) Penalty, see § 134.99