§ 21-87. Probation of defendants.

(1)

The court of appropriate jurisdiction, where the defendant has been found guilty or has entered a plea of guilty or a plea of nolo contendere, may at a time to be determined by the court, either with or without an adjudication of the guilt of the defendant, hear and determine the question of the probation of such defendant.

(2)

Prior to such hearing the court may refer the case to the Probation and Parole Commission for investigation and recommendation. The court, upon such reference, shall direct the commission to make an investigation and report in writing at a specified time to the court upon the circumstances of the offense, the criminal record, the social history, and the present condition of the defendant together with its recommendation.

(3)

If it appears to the court upon a hearing of the matter that the defendant is not likely again to engage in an unlawful course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court, in its discretion, may either adjudge the defendant to be guilty or stay and withhold the adjudication of guilt and in either case stay and withhold the imposition of sentence upon such defendant, and shall place him upon probation under the supervision and control of the Probation and Parole Commission for the duration of such probation. And the said Commission shall thereupon and thereafter, during the continuance of such probation, have the supervision and control of the defendant.

(4)

Whenever punishment by imprisonment in the County Jail is prescribed, the court, in its discretion, may at the time of sentencing direct the defendant to be placed on probation upon completion of any specified period of such sentence. In such case, the court shall stay and withhold the imposition of the remainder of sentence imposed upon the defendant, and direct that the defendant be placed upon probation after serving such period as may be imposed by the court.

(5)

In no case shall the imposition of sentence be suspended and the defendant thereupon placed on probation unless such defendant be placed under the custody of said Probation and Parole Commission.

(Ord. No. 70-15, § 5, 2-25-70)