Chapter 22 - Probation

Chapter 22 - Probation

46.2201 Probation officers--Appointment, compensation, removal, and fees.

(a) The Chief Justice of the High Court of American Samoa, pursuant to ASCA 3.0205, may appoint 1 or more suitable persons to serve as probation officers within the jurisdiction and under the direction of the court.

(b) The Chief Justice may designate existing court employees to serve as probation officers in addition to their current court duties, or appoint full or part time compensated probation officers, pursuant to ASCA 3.0205, or both.

(c) The appointment of a probation officer shall be in writing and entered on the records of the court.

(d) The Chief Justice, in his discretion, may remove a probation officer.

(e) Whenever the Chief Justice has appointed more than 1 probation officer, 1 may be designated chief probation officer and he shall direct the work of all probation officers.

(f) Costs of probationary services including but not limited to supervision of probationers, alcohol and other drug random testing, and education, training and counseling programs shall be assessed upon and collected from each person placed on probation. The Chief Justice may by order or rule issue and periodically revise a fee schedule for such costs and services, the proceeds from which shall be deposited in the General Fund of the American Samoa Government.

46.2202 Probation officers-Duties.

The probation officer shall:

(1) furnish to each probationer under his supervision a written certificate stating the con-ditions of probation and instruct him regarding it;

(2) keep informed concerning the conduct and condition of each probationer tinder his supervision and report on that to the court;

(3) use all suitable methods, not inconsistent with the conditions imposed by the court, to aid probationers and to bring about improvement in their conduct and condition;

(4) keep records of his work and accurate and complete accounts of all moneys collected from persons under his supervision, give receipts for them, and make at least monthly returns of them;

(5) perform other duties as the court may direct.

46.2203 Eligibility.

The court may place a person on probation for a specific period upon conviction of any offense or upon suspending imposition of sentence if, having regard to the nature and circum-stances of the offense and to the history and character of the defendant, the court is of the opinion that:

(1) institutional confinement of the defendant is not necessary for the protection of the public; and

(2) the defendant is in need of guidance, training or other assistance which in his case can be effectively administered through probation supervision; or

(3) the defendant poses a significant danger to society such that continuing court supervision is appropriate.

46.2204 Terms of probation.

(a) Unless terminated under 46.2207 through 46.2215, the terms during which probation shall remain conditional and be subject to revocation are:

(1) a term of years not less than 1 year and not to exceed 5 years for a felony;

(2) a term not less than 6 months and not to exceed 2 years for a misdemeanor;

(3) a term not less than 6 months and not to exceed 1 year for an infraction.

(b) The court designates a specific term of probation at the time of sentencing or at the time of suspension of imposition of sentence.

(c) The defendant’s liability for any fine or other punishment imposed as to which probation is granted is fully discharged by the fulfillment of the terms and conditions of probation.

46.2205 Conditions-Revocation or modification.

(a) While on probation, and among the conditions thereof, the defendant:

(1) may be required to pay a fine in 1 or several sums; and

(2) may be required to make restitution or reparation, in money or in service, to the victim of his conduct for the damage or injury which was caused by the offense for which conviction was had, the amount and manner to be fixed by the High Court but not to exceed an amount the defendant will be able to pay within the probation term; and

(3) may be required to provide for the support of any persons for whose support he is legally responsible.

(b) The court may revoke or modify any condition of probation at any time prior to the expiration or termination of the probation period.

46.2206 Detention condition of probation.

Except in infraction cases, when probation is granted, the court, in addition to conditions imposed under 46.2205, may require as a condition of probation that the defendant submit to a period of detention in an appropriate institution at whatever time or intervals within the period of probation, consecutive or nonconsecutive, the court shall designate.

(1) In misdemeanor cases, the period of detention under this section may not exceed:

(A) 15 days for a class C misdemeanor;

(B) 45 days for a class B misdemeanor; and

(C) 90 days for a class A misdemeanor.

(2) In felony cases, the period of detention under this section may not exceed one third of the maximum prescribed term of imprisonment for the crime of which the defendant has been convicted, or, where the maximum prescribed term is life imprisonment, 15 years.

(3) If probation is revoked and a term of imprisonment is served by reason of it, the time spent in a jail or other institution as a detention condition of probation is credited against the prison or jail term served for the offense in connection with which the detention condition was imposed.

46.2207 Multiple terms run concurrently.

A term of probation commences on the day it is imposed. Multiple terms of probation, whether imposed at the same time or at different times, shall run concurrently. Terms of probation shall also run concurrently with any federal, state, or territorial jail, prison, probation or parole term for another offense to which the defendant is or becomes subject during the period unless otherwise specified by the court.

46.2208 Termination of probation-Discharge of defendant.

The court may terminate a period of probation and discharge the defendant at any time before completion of the specific term fixed under 46.2204 if warranted by the conduct of the defendant and the ends of justice. Procedures for termination and discharge may be established by rule of court.

46.2209 Violation of condition.

If the defendant violates a condition of probation at any time prior to the expiration or termination of the probation term, the court may continue him on the existing conditions, with or without modifying or enlarging the conditions, or, if the continuation, modification, or enlargement is not appropriate, may revoke probation and order that any sentence previously imposed be executed. If imposition of sentence was suspended, the court may revoke probation and impose any sentence available under 46.1901 through 46.1905. The court may mitigate any sentence of imprisonment by reducing the prison or jail term by all or part of the time the defendant was on probation.

46.2210 Notice of revocation to probationer.

Probation shall not be revoked without giving the probationer notice and an opportunity to be heard on the issues of whether he violated a condition of probation and, if he did, whether revocation is warranted under all the circumstances.

46.2211 Notice to appear to answer charges-Warrant of arrest.

At any time during the term of probation, the court may issue a notice to the probationer to appear to answer a charge of a violation and the court may issue a warrant of arrest for the violation. The notice shall be personally served upon the probationer. The warrant shall authorize the return of the probationer to the custody of the court or to any suitable detention facility designated by the court.

46.2212 Authority to arrest or detain probationer.

Any probation officer, if he has probable cause to believe that the probationer has violated a condition of probation, may arrest the probationer without a warrant, or may deputize any other officer with the power of arrest to do so by giving him a written statement of the circumstances of the alleged violation, including a statement that the probationer has, in the judgment of the probation officer, violated the conditions of his probation. The written statement, delivered with the probationer to the official in charge of any jail or other detention facility, shall be sufficient authority for detaining the probationer pending a preliminary hearing on the alleged violation.

46.2213 Arrest-Preliminary hearing-Release on bail.

(a) If the probationer is arrested under the authority granted in 46.2211 and 46.2212, he has the right to a preliminary hearing on the violation charged. He shall be notified immediately in writing of the alleged probation violation. The preliminary hearing shall be heard by the sentencing court, and shall be conducted as provided by rule of court.

(b) If it appears that there is probable cause to believe that the probationer has violated a condition of his probation, or if the probationer waives the preliminary hearing, the judge shall order the probationer held for further proceedings in the sentencing court.

(c) If probable cause is not found, this may not bar the sentencing court from holding a hearing on the question of the probationer’s alleged violation of a condition of probation nor from ordering the probationer to be present at such a hearing.

(d) Provisions regarding release on bail of persons charged with offenses shall be applicable to probationers arrested and ordered held under this provision.

46.2214 Notice to sentencing court of arrest and detention.

Upon arrest and detention, the probation officer shall immediately notify the sentencing court and shall submit to the court a written report showing in what manner the probationer has violated the conditions of probation. Thereupon, or upon arrest by warrant, the court shall cause the probationer to be brought before it without unnecessary delay for a hearing on the violation charged. Revocation hearings shall be conducted as provided by rule of court.

46.2215 Power of court.

The power of the court to revoke probation shall extend for the duration of the term of probation designated by the court and for any further period which is reasonably necessary for the adjudication of matters arising before its expiration; provided, that some affirmative manifestation of an intent to conduct a revocation hearing occurs prior to the expiration of the period and that every reasonable effort is made to notify the probationer and to conduct the hearing prior to the expiration of the period.