Rule 18. Violation of Formal Probation; Violation of Informal Adjustment (J.C.A.)

(a)  When a court has entered an order of formal probation or an informal adjustment order and a motion or petition, together with a sworn affidavit, is filed with the court by the prosecuting attorney alleging that the juvenile has violated the terms and conditions of probation or informal adjustment, the court shall set a hearing on the violation alleged. 

 

(b)  At the violation hearing, the burden of proof shall be upon the state by a preponderance of the evidence. 

 

(c)  Upon a finding by the court that the juvenile has violated the formal probation order or the informal adjustment order, the court may: 

 

(1)  Enter an order reinstating the juvenile on probation on additional terms and conditions; 

 

(2)  Enter an order imposing any suspended term of detention or suspended commitment to the Department of Juvenile Corrections pursuant to Idaho Juvenile Rule 19; or

 

(3)  In the case of an informal adjustment, impose any sentence available to the court pursuant to the Idaho Juvenile Corrections Act.

   

 (Amended April 15, 2020, effective July 1, 2020.)