§ 779-a. Petition and hearing on violation of order of probation or
suspended judgment. (a) If, at any time during the period of probation,
the petitioner, probation service or appropriate presentment agency has
reasonable cause to believe the respondent has violated a condition of
the disposition, the petitioner, probation service or appropriate
presentment agency may file a violation petition.

(b) The petition must be verified and subscribed by the petitioner,
probation service or the appropriate presentment agency. The petition
must specify the condition or conditions of the order violated and a
reasonable description of the date, time, place and specific manner in
which the violation occurred. Non-hearsay allegations of the factual
part of the petition or of any supporting depositions must establish, if
true, every violation charged.

(c) Upon the filing of a violation petition, the court must promptly
take reasonable and appropriate action to cause the respondent to appear
before it for the purpose of enabling the court to make a final
determination with respect to the alleged delinquency. Where the
respondent is on probation pursuant to section seven hundred fifty-seven
of this article, the time for prompt court action shall not be construed
against the probation service when the respondent has absconded from
probation supervision and the respondent's whereabouts are unknown. The
court must be notified promptly of the circumstances of any such
probationers.

(d) If a petition is filed under subdivision (a) of this section and
the petition satisfies the requirements of subdivision (b) of this
section, the period of probation or suspended judgment prescribed by
section seven hundred fifty-five or seven hundred fifty-seven of this
article shall be interrupted as of the date of the filing of the
petition. Such interruption shall continue until a final determination
of the petition or until such time as the respondent reaches the maximum
age of acceptance into placement with the commissioner of social
services. If the court dismisses the violation petition, the period of
interruption shall be credited to the period of probation or suspended
judgment.

(e) Hearing on violation. (i) The court may not revoke an order of
probation or suspended judgment unless the court has found by competent
proof that the respondent has violated a condition of such order in an
important respect and without just cause and that the respondent has had
an opportunity to be heard. The respondent is entitled to a hearing
promptly after a violation petition has been filed. The respondent is
entitled to counsel at all stages of the proceeding and may not waive
representation by counsel except as provided in section two hundred
forty-nine-a of this act.

(ii) At the time of the respondent's first appearance following the
filing of a violation petition, the court must:

(A) advise the respondent of the contents of the petition and furnish
a copy to the respondent;

(B) advise the respondent that he or she is entitled to counsel at all
stages of a proceeding under this section and appoint an attorney
pursuant to section two hundred forty-nine of this act if independent
legal representation is not available to the respondent. If practicable,
the court shall appoint the same attorney who represented the respondent
in the original proceedings under this article; and

(C) determine whether the respondent should be released or detained
pursuant to section seven hundred twenty of this article.

(iii) Upon request, the court shall grant a reasonable adjournment to
the respondent to prepare for the hearing.

(iv) At the hearing, the court may receive any evidence that is
relevant, competent and material. The respondent may cross-examine
witnesses and present evidence on his or her own behalf. The court's
determination must be based upon competent evidence.

(v) At the conclusion of the hearing, the court may adjourn the matter
for a new dispositional hearing in accordance with subdivision (b) or
(c) of section seven hundred forty-nine of this article. The court may
revoke, continue or modify the order of probation or suspended judgment.
If the court revokes the order, it shall order a different disposition
pursuant to subdivision one of section seven hundred fifty-four of this
article and shall make findings in accordance with subdivision two of
such section. If the court continues the order of probation or suspended
judgment, it shall dismiss the petition of violation.