§ 24–304. Discharge from or continuance of probation; modification or revocation of order.

(a) Upon the expiration of the term fixed for such probation, the probation officer shall report that fact to the court, with a statement of the conduct of the probationer while on probation, and the court may thereupon discharge the probationer from further supervision, or may extend the probation, as shall seem advisable. At any time during the probationary term the court may modify the terms and conditions of the order of probation, or may terminate such probation, when in the opinion of the court the ends of justice shall require, and when the probation is so terminated the court shall enter an order discharging the probationer from serving the imposed penalty; or the court may revoke the order of probation and cause the rearrest of the probationer and impose a sentence and require him to serve the sentence or pay the fine originally imposed, or both, as the case may be, or any lesser sentence. If imposition of sentence was suspended, the court may impose any sentence which might have been imposed. If probation is revoked, the time of probation shall not be taken into account to diminish the time for which he was originally sentenced.

(b) Except as provided in subsection (c) of this section, if a person violates a condition of probation by using a controlled substance or by failing to comply with prescribed treatment for the use of a controlled substance, the court may order, in addition to or in lieu of the actions and sanctions authorized in subsection (a) of this section, the temporary placement of the person in custody, when in the opinion of the court such action is necessary for treatment or to assure compliance with conditions of probation.

(c) A positive test for use of marijuana, or a violation of § 48-1201, shall not be considered a violation of a condition of probation unless the judicial officer expressly prohibits the use or possession of marijuana, as opposed to controlled substances generally, as a condition of probation.

(June 25, 1910, 36 Stat. 865, ch. 433, § 4; Mar. 10, 1983, D.C. Law 4-202,§ 4, 30 DCR 173; Oct. 10, 1998, D.C. Law 12-165, § 4, 45 DCR 2980; July 17, 2014, D.C. Law 20-126, § 404, 61 DCR 3482.)

Prior Codifications

1981 Ed., § 24-104.

1973 Ed., § 24-104.

Section References

This section is referenced in § 24-241.01.

Effect of Amendments

The 2014 amendment by D.C. Law added “Except as provided in subsection (c) of this section” in (b); and added (c).

Cross References

Revocation of probation, authorization and eligibility for work release program, see § 24-241.01.

Editor's Notes

Section 501 of D.C. Law 20-126 provided that the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of the act.