Statutes | The Confederated Salish and Kootenai Tribal Law Code Title II Chapter 3 Part 2 ยง 2-3-204 | 2019

(1) A probationer is entitled to a hearing before the Court prior to revocation of probation within 10 days of the date of notice of revocation or the date of arrest for violating a condition of probation, unless good cause for delay exists.  The burden is on the party asking for the delay to show that good cause exists.

 

(2) The subject matter of a revocation hearing is limited to alleged knowing violation(s) of probation condition(s). A violation of a condition is deemed to be a knowing violation if the probationer signed, and was given a copy of, the conditions of probation.

 

(3) Supervised offenders do not have a right to a jury trial at a revocation hearing.

 

(4) If the probationer admits to violating a condition of probation, the Court, after the probationer has had the opportunity to offer testimony or evidence regarding any circumstances tending to mitigate the violation, may revoke the probation.

 

(5) If the probationer does not admit to violating a condition of probation, the prosecutor has the burden of proving by a preponderance of the evidence that the probationer violated a condition of the probation.  Prosecution evidence may not be suppressed on the ground that, if an admission of a violation, no warning was given of a right not to incriminate oneself.

 

(6) The probationer has a right to counsel and may call witnesses or introduce evidence in his or her own behalf and may cross examine any prosecution witness.  Hearsay evidence is admissible, although a decision to revoke probation may not be based solely on hearsay evidence.  The prosecutor may show any aggravating circumstances, and the probationer may show any mitigating circumstances.

 

(7) The Court shall determine the appropriate disposition of a petition for revocation by balancing the probationers interest in liberty, employment, family ties, responsibilities, health, or community ties against the Tribes interest in rehabilitation, public safety, victim(s) rights, and the probationers duty to comply with each condition of probation. 

 

(8) An order revoking probation shall be in writing and shall contain findings of fact, including, but not necessarily limited to, those required in subsection (7), and conclusions of law supporting the revocation.