Rule 27.1 - Initiation of Revocation Proceedings; Securing the Probationer's Presence(a)Initiation of Revocation Proceedings. If a probationer has violated a condition of probation or has acted contrary to a lawful instruction issued by the supervising officer, the supervising officer or the prosecuting attorney may petition the sentencing court to revoke or modify probation.(b)Securing the Probationer's Presence. Pursuant to a petition to revoke or modify, the sentencing court may, when appropriate, issue a warrant for the probationer's arrest or issue a summons directing the probationer to appear on a specified date for a revocation hearing.(c)Arrest by Supervising Officer. The probationer may be arrested without a warrant by the supervising officer responsible for the probationer's supervision or by the officer's agent, pursuant to statute, for violation of a condition of probation imposed or an instruction issued.Comment
Section (a) provides a mechanism for probation revocation that permits initiation of the proceeding by the supervising officer or the prosecuting attorney. The court may issue an arrest warrant or a summons to compel the probationer's appearance or, if necessary, the supervising officer (or the officer's agent) may take the probationer into custody without a warrant. See Miss. Code Ann. § 47-7-37(2).