(1) Except as provided in
subsection (2) of this section, whenever the state parole officer
or other officer under whose supervision the probationer has been
placed shall have reason to believe such probationer is violating
the terms of his or her probation, or engaging in criminal
practices, or is abandoned to improper associates, or living a
vicious life, he or she shall cause the probationer to be brought
before the court wherein the probation was granted. For this
purpose any peace officer or state parole officer may rearrest
any such person without warrant or other process. The court may
thereupon in its discretion without notice revoke and terminate
such probation. In the event the judgment has been pronounced by
the court and the execution thereof suspended, the court may
revoke such suspension, whereupon the judgment shall be in full
force and effect, and the defendant shall be delivered to the
sheriff to be transported to the penitentiary or reformatory as
the case may be. If the judgment has not been pronounced, the
court shall pronounce judgment after such revocation of probation
and the defendant shall be delivered to the sheriff to be
transported to the penitentiary or reformatory, in accordance
with the sentence imposed.
(2) If a probationer is being supervised by the department
of corrections pursuant to RCW 9.95.204, the department shall
have authority to issue a warrant for the arrest of an offender
who violates a condition of community custody, as provided in RCW 9.94A.716. Any sanctions shall be imposed by the department
pursuant to RCW 9.94A.737. The department shall provide a copy
of the violation hearing report to the sentencing court in a
timely manner. Nothing in this subsection is intended to limit
the power of the sentencing court to respond to a probationer's
violation of conditions.
[2009 c 375 § 11; 1957 c 227 § 5. Prior: 1939 c 125 § 1, part; RRS § 10249-5c.]
NOTES:
Application -- 2009 c 375: See note following RCW 9.94A.501.
Severability -- 1939 c 125: See note following RCW 9.95.200.