If a supervised offender fails to comply with conditions of probation, a probation officer or tribal prosecutor may file a motion for an order to show cause or for an Admit/Deny hearing for revocation of probation, supported by affidavit or declaration, to the Court. A supervised offender is not entitled to a bail review hearing. A supervised offender is entitled to be represented by a spokesperson or a licensed attorney.
A violation of condition is deemed to be a knowing violation if the probationer signed and was given a copy of the conditions of probation as contained in the final Judgement and Sentencing Order.
A supervised offender who is arrested for a probation violation and who remains incarcerated after the arrest shall appear at an Admit/Deny probation revocation hearing on the first court date after arrest. If incarcerated, a supervised offender shall be served notice of the Admit/Deny revocation hearing when brought to court on the date of the hearing. The supervised offender may request a continuance to allow for time to respond to the motion.
A supervised offender is entitled to a hearing before the Court revokes the offender’s probation. Supervised offenders do not have a right to a jury trial at a revocation hearing.
The Court shall determine the appropriate disposition of a motion for revocation by balancing the supervised offender’s interest in liberty, employment, family ties, responsibilities, health, community ties, or other interest(s) against the Tribe’s interest in rehabilitation, public safety, victim(s’) rights, and the offender’s duty to comply with each condition of probation.
(Res. 15-A-004, 3/23/2015; Res. 20-A-072, 7/28/2020, amended this section to clarify the process after a supervised offender violates conditions of probation.)