What is the effective date of the limit on the court’s authority to revoke probation?

The JRA’s limitation on judges’ revocation authority was made effective for probation violations occurring on or after December 1, 2011. The phrase “probation violations occurring” in the effective date clause almost certainly refers to the alleged offending behavior itself—not to the date the violation report was filed, the date of the violation hearing, or any other triggering event. It is possible in the short term that a single violation report will include a mix of pre– and post–December 1, 2011 violations. A judge will need to know the date of each alleged violation to determine the permissible response options. Prior law—allowing revocation for any violation, but not authorizing Confinement in Response to Violation (CRV)—applies to any violations that happened before December 1, 2011.

Public Officials - Courts and Judicial Administration Roles
Topics - Courts and Judicial Administration