A. Any person found guilty of an act of "vandalism", as defined in section 7-3-1 of this chapter, shall be subject to:
1. Penalties as set forth in section 1-4-1 of this Code.
2. A period of conditional discharge of not to exceed one year; or
3. Any combination of the penalties above set forth; and
4. Court costs.
(1980 Code § 52-4; amd. 2019 Code)
B. 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 such 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 of study or vocational training; and
4. Undergo medical or psychiatric treatment, professional counseling, or treatment for drug addition or alcoholism; and
5. Make restitution or reparation in an amount not to exceed actual loss or damage to property and pecuniary loss; and
6. If the defendant is an unemancipated minor, reside with his parent or legal guardian or in a foster home; attend school; attend a nonresidential program for youth; or contribute to his own support at home or in a foster home.
C. When a court orders restitution or reparation as a part of a conditional discharge, the court shall determine the amount and conditions of payment. When the conditions of payment have not been satisfied, the court, at any time prior to the expiration or termination of the period of conditional discharge, may impose an additional period of not more than two (2) years. Only the conditions of payment shall continue to apply during such additional period.
D. When a charge is filed charging a violation or a condition imposed for conditional discharge, the court:
1. a. May order a summons to the offender to appear; or order a warrant for the offender's arrest where there is danger of his fleeing the jurisdiction or causing serious harm to others or when the offender fails to answer a summons.
b. The issuance of a warrant for failure to answer a summons shall stay the sentence of conditional discharge until the final determination of the charge. The term of conditional discharge shall not expire if the hearing date is after the date previously fixed for expiration.
2. Shall conduct a hearing of the alleged violation. The court may admit the offender to bail pending the hearing.
3. Shall receive evidence in open court with the right of confrontation, cross-examination and representation by counsel. The City has the burden of going forward with the evidence and proving the violation by the preponderance of the evidence.
4. Shall not revoke a conditional discharge for failure to comply with the conditions of a sentence which imposes financial obligations upon the offender unless such failure is due to his wilful refusal to pay.
5. May modify the conditions of a conditional discharge on the motion of the City or on its own motion or at the request of the offender after notice to all parties and a hearing.
E. 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 extend the time, with or without modifying or enlarging the conditions, or may impose any other penalty that was available at the time of the initial penalty.
F. A judgment revoking probation or conditional discharge is a final appealable order.
(1980 Code § 52-4)