Rule 15.07 - Probation ViolationSubdivision 1. Commencement of Proceedings. Proceedings for revocation of probation may be commenced based upon a written report showing probable cause to believe the juvenile has violated any conditions of probation. Based upon the report, the court may issue a warrant as provided by Rule 4.03, or the court may schedule a review hearing and provide notice of the hearing as provided in Rule 25. If the juvenile fails to appear in response to a summons, the court may issue a warrant.
(A)Contents of Probation Violation Report. The probation violation report and supporting affidavits, or written statements signed under penalty of perjury pursuant to Minnesota Statutes, section 358.116, if any, shall include: (1) the name, date of birth and address of the child;(2) the name and address of the child's parent(s), legal guardian, or legal custodian;(3) the underlying offense or offenses and date(s) of offense for which violation of probation is alleged; and(4) a description of the surrounding facts and circumstances upon which the request for revocation is based.(B)Notice. The court shall give notice of the admit/deny hearing on the probation violation to all persons entitled to notice pursuant to Rule 25. Subd. 2. Detention Hearing. Detention pending a probation violation hearing is governed by Rule 5.
Subd. 3. Admit/Deny Hearing. The child shall either admit or deny the allegations of the probation violation report at the admit/deny hearing.
(A)Timing. The admit/deny hearing shall be held: (1) for a child in custody, at or before the detention hearing; or(2) for a child not in custody, within a reasonable time of the filing of the motion.(B)Advisory. Prior to the child admitting or denying the violation, the court shall advise the child of the following: (1) that the child is entitled to counsel appointed at public expense at all stages of the proceedings;(2) that, unless waived, a revocation hearing will be commenced to determine whether there is clear and convincing evidence that the child violated a dispositional order of the court and whether the court should change the existing dispositional order because of the violation;(3) that before the revocation hearing, all evidence to be used against the child shall be disclosed to the child and the child shall be provided access to all official records pertinent to the proceedings;(4) that at the hearing, both the prosecuting attorney and the child shall have the right to offer evidence, present arguments, subpoena witnesses, and call and cross-examine witnesses. Additionally, the child shall have the right at the hearing to present mitigating circumstances or other reasons why the violation, if proved, should not result in revocation; and(5) that the child has the right of appeal from the determination of the court following the revocation hearing.(C)Denial. If the child denies the allegations, the matter shall be set for a revocation hearing which shall be held in accordance with the provisions of Rule 15.07, subdivision 4. Subd. 4. Revocation Hearing.
(A)Generally. At the hearing, both the prosecuting attorney and the child shall have the right to offer evidence, present arguments, subpoena witnesses, and call and cross-examine witnesses, provided, however, that the child may be denied confrontation by the court when good cause is shown that a substantial risk of serious harm to others would exist if it were allowed. Additionally, the child shall have the right at the hearing to present mitigating circumstances or other reasons why the violation, if proved, should not result in revocation.(B)Timing. The revocation hearing shall be held within seven (7) days after the child is taken into custody or, if the child is not in custody, within a reasonable time after the filing of the denial. If the child has allegedly committed a new offense, the court may postpone the revocation hearing pending disposition of the new offense whether or not the child is in custody.(C)Violation Not Proved. If the court finds that a violation of the dispositional order has not been established by clear and convincing evidence, the revocation proceedings shall be dismissed, and the child shall continue under the dispositional order previously ordered by the court.(D)Violation Proved. If the court finds by clear and convincing evidence, or the child admits violating the terms of the dispositional order, the court may proceed as follows: (1) order a disposition pursuant to Minnesota Statutes, section 260B.198; or(2) for a child who was previously granted a continuance without adjudication pursuant to Rule 15.05, subdivision 4, adjudicate the child and order a disposition pursuant to Minnesota Statutes, section 260B.198. The dispositional order shall comply with Rule 15.05, subdivisions 2 and 3.
Rule 15.02 governs the timing of dispositional orders in probation violation matters.
Amended effective 1/1/2008; amended April 22, 2015, effective 7/1/2015.