20-221. MODIFICATION OF TERMS OR CONDITIONS OF PROBATION OR SUSPENSION
OF SENTENCE -- TERMINATION OF PROBATION. (1) By order duly entered the court
may impose and may at any time modify any terms or conditions of probation or
suspension of sentence. The court shall cause a copy of any such order to be
delivered to the board of correction, to the prosecuting attorney and to the
probationer.
(2) Any party or the board of correction may submit to the court a re-
quest to modify the terms and conditions of probation for any probationer un-
der the board's supervision at any time during the period of probation. A re-
quest to modify the terms and conditions of probation shall be supported by a
statement attested to under oath or signed under penalty of perjury pursuant
to section 9-1406, Idaho Code, setting forth the facts upon which the request
is based. The requesting party or the board, as the case may be, shall de-
liver a copy of the request and statement to all parties and to the board.
The prosecuting attorney shall notify the victim of the request to modify
the terms and conditions of probation. Any responses to a request to modify
shall be filed within thirty (30) days of the date of submittal of the re-
quest. The court may, without a hearing, rule upon a request to modify based
on a review of the case, the request, the statement and any responses to the
request, or may schedule a hearing on the request to modify. The court shall
by written order rule on the request to modify within sixty (60) days of the
date of submittal of the request.
(3) Any party or the board of correction may submit to the court a re-
quest to terminate the probation for any probationer under the board's su-
pervision at any time during the period of probation. A request to termi-
nate probation shall be supported by a statement attested to under oath or
signed under penalty of perjury pursuant to section 9-1406, Idaho Code, set-
ting forth the facts upon which the request is based. The requesting party or
the board, as the case may be, shall deliver a copy of the request and state-
ment to all parties and to the board. The prosecuting attorney shall notify
the victim of a request to terminate probation. Any responses to a request
to terminate probation shall be filed within thirty (30) days of the date of
submittal of the request. The court may, without a hearing, rule upon a re-
quest to terminate based on a review of the case, the request, the statement
and any responses to the request, or may schedule a hearing on the request to
terminate. The court shall rule on the request within sixty (60) days of the
date of submittal of the request. A court order granting a request to termi-
nate probation under this subsection shall be deemed a final discharge from
the remaining period of probation.
[20-221, added 1947, ch. 53, sec. 21, p. 59; am. 2014, ch. 150, sec.
10, p. 423.]