What is a probation violation hearing in Minnesota?

What is a probation violation hearing in Minnesota, and what does the state have to prove? A probation violation hearing is the summary hearing a court holds when a defendant disputes the grounds alleged for revoking a stay of adjudication or sentence. Under Minn. Stat. § 609.14, those grounds are a violation of a condition of probation or an intermediate sanction, or other misconduct that warrants adjudication of guilt or imposition or execution of sentence. The statute also says revocation is to be used only as a last resort when rehabilitation has failed.

Probation and the stay behind it

Probation is a court-ordered sanction imposed for a period of supervision no greater than the period set by statute (Minn. Stat. § 609.02). It is imposed as an alternative to confinement or together with confinement or intermediate sanctions (Minn. Stat. § 609.02).

The stated purposes of probation are to deter further criminal behavior, punish the offender, help provide reparation to crime victims and their communities, and give offenders opportunities for rehabilitation (Minn. Stat. § 609.02).

A court may stay imposition or execution of a sentence and place a defendant on probation, with or without supervision, on the terms the court sets (Minn. Stat. § 609.135). The revocation statute defines a "stay" as a stay of adjudication, a stay of imposition, a stay of execution, or a deferred prosecution (Minn. Stat. § 609.14).

Intermediate sanctions include local jail time, home detention, electronic monitoring, intensive probation, treatment or counseling, restitution, fines and community work service, among others (Minn. Stat. § 609.135).

How a revocation proceeding starts

When it appears that a defendant has violated a condition of probation or an intermediate sanction, the court may revoke the stay without notice and direct that the defendant be taken into immediate custody (Minn. Stat. § 609.14).

The defendant must then be notified in writing, in the manner the court directs, of the grounds alleged for revocation (Minn. Stat. § 609.14).

If the defendant brings those grounds in issue, a summary hearing is held, and the defendant is entitled to be heard and to be represented by counsel (Minn. Stat. § 609.14).

Timing rules apply as well. If a violation occurred during the stay but the stay has since expired, a probation officer or prosecutor may ask the court to start revocation proceedings within six months after the stay ends, and the court may also act on its own motion (Minn. Stat. § 609.14).

Once proceedings have been started by a court order revoking the stay and directing custody or a summons, the summary hearing may be held after the stay or the six-month period has run (Minn. Stat. § 609.14). Inability to locate the defendant does not prevent the hearing unless the defendant shows the state purposefully caused the delay to gain an unfair advantage (Minn. Stat. § 609.14).

What the hearing decides

The hearing is built around the grounds alleged in the written notice. The statute names two kinds of grounds: a violation of a condition of probation or an intermediate sanction, or other misconduct that warrants adjudication of guilt or imposition or execution of sentence (Minn. Stat. § 609.14).

The second kind is limited by the word "warrants." Misconduct counts under that ground when it justifies adjudicating guilt or imposing or executing a sentence (Minn. Stat. § 609.14).

Even where grounds exist, the statute describes revocation as a last resort when rehabilitation has failed (Minn. Stat. § 609.14).

The statute then sets two possible results. If any of the grounds are found to exist, the court may choose among the responses described below (Minn. Stat. § 609.14). If none are found, the defendant is restored to liberty under the court's previous order (Minn. Stat. § 609.14).

Lower-level violations and the written report

For certain violations, the statute says policies favoring continued probation outweigh the need for confinement. This applies to a person who has not previously violated a condition of probation or an intermediate sanction in an open criminal case (Minn. Stat. § 609.14). The listed violations are:

• failing to abstain from controlled substances without a valid prescription

• failing to abstain from alcohol

• possessing drug paraphernalia

• failing to obtain or maintain employment

• failing to pursue a course of study or vocational training

• failing to report a change in employment

• violating a curfew

• failing to report contact with law enforcement, unless the person was charged with a misdemeanor, gross misdemeanor or felony

• committing a petty misdemeanor offense

The substance and alcohol items do not apply to a person supervised for certain driving offenses named in the statute, including the offenses in clauses (2) to (6) of Minn. Stat. § 609.2112 and Minn. Stat. § 609.2113 (Minn. Stat. § 609.14).

For these violations, the court may not impose or execute sentence or order immediate custody unless it receives a written report signed under penalty of perjury (Minn. Stat. § 609.14). The report must show probable cause to believe the person violated probation. It must also establish, by a preponderance of the evidence, that the person's continued presence in the community would present a risk to public safety (Minn. Stat. § 609.14).

If the court does not order custody, it may request a supplemental report from the supervising agent. That report covers the nature of the violation, the person's response, and the actions the agent has taken or will take (Minn. Stat. § 609.14).

What the court may do if grounds are found

The available responses depend on what was stayed. If imposition of sentence was stayed, the court may stay sentence again, impose sentence and stay execution, or impose and execute sentence (Minn. Stat. § 609.14).

If a sentence was imposed and execution stayed, the court may continue the stay, with probation or intermediate sanctions, or order the sentence executed (Minn. Stat. § 609.14). If adjudication was stayed or prosecution deferred, the court may continue the stay with or without intermediate sanctions, or adjudicate guilt and proceed from there (Minn. Stat. § 609.14).

When a person is a nonviolent controlled substance offender on supervised probation, appears for a technical violation, and admits or is found to have violated a condition, the probation agent must present local options to correct the violation, such as inpatient chemical dependency treatment (Minn. Stat. § 609.14).

Hearings can also arise from unpaid restitution or unfinished treatment. In those situations a court may hold a hearing on whether conditions should change or probation be revoked, and it may extend probation by up to one year for restitution or up to three years for treatment if it makes the required findings (Minn. Stat. § 609.135).