Rule 5.580. Hearing on violation of probation (§ 777)
(a) Notice of hearing (§§ 656, 658, 660)
Notice of a hearing to be held under section 777 must be issued and served as provided in sections 658, 660, and 777 and prepared:
(1)By the probation officer if the child has been declared a ward under section 601; or
(2)By the probation officer or the district attorney if the child is a ward or is on probation under section 602, and the alleged violation of probation is not a crime.
(Subd (a) amended effective January 1, 2007; adopted effective January 1, 2001; previously amended effective January 1, 2006.)
(b) Motion to dismiss
If the probation officer files the notice of hearing, before jeopardy attaches the prosecuting attorney may move the court to dismiss the notice and request that the matter be referred to the probation officer for appropriate action under section 777(a)(3).
(Subd (b) adopted effective January 1, 2001.)
(c) Detention hearing
If the child has been brought into custody, the procedures described in rules 5.524 and 5.752 through 5.764 must be followed.
(Subd (c) amended effective January 1, 2007; adopted as subd (d) effective January 1, 2001; amended and relettered effective January 1, 2006.)
(d) Report of probation officer
Before every hearing the probation officer must prepare a report on those matters relevant to a determination of whether the child has violated a condition of probation. The report must be furnished to all parties at least 48 hours, excluding noncourt days, before the beginning of the hearing unless the child is represented by counsel and waives the right to service of the report.
(Subd (d) amended and relettered and amended effective January 1, 2006; adopted as subd (b); amended and relettered as subd (e) effective January 1, 2001.)
(e) Evidence considered
The court must consider the report prepared by the probation officer and other relevant and material evidence offered by the parties to the proceeding.
(1)The court may admit and consider reliable hearsay evidence as defined by section 777(c).
(2)The probation officer or prosecuting attorney must prove the alleged violation by a preponderance of the evidence.
(Subd (e) amended and relettered effective January 1, 2006; adopted as subd (e); amended and relettered as subd (f) effective January 1, 2001.)
Rule 5.580 amended and renumbered effective January 1, 2007; adopted as rule 1433 effective January 1, 1990; previously amended effective January 1, 1992, January 1, 2001, and January 1, 2006.