Title 46 — Criminal Justice
42 chapters · 423 sections in this title.
A.S.C.A. § 46.2201 Probation officers-Appointment, compensation, removal, and fees
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(a) The Chief Justice of the High Court of American Samoa, pursuant to ASCA 3.0205, may appoint 1 or more suitable persons to serve as probation officers within the jurisdiction and under the direction of the court. (b) The Chief Justice may designate existing court employees to …
A.S.C.A. § 46.2202 Probation officers-Duties
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The probation officer shall: (1) furnish to each probationer under his supervision a written certificate stating the con-ditions of probation and instruct him regarding it; (2) keep informed concerning the conduct and condition of each probationer tinder his supervision and repor…
A.S.C.A. § 46.2203 Eligibility
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The court may place a person on probation for a specific period upon conviction of any offense or upon suspending imposition of sentence if, having regard to the nature and circum-stances of the offense and to the history and character of the defendant, the court is of the opinio…
A.S.C.A. § 46.2204 Terms of probation
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(a) Unless terminated under 46.2207 through 46.2215, the terms during which probation shall remain conditional and be subject to revocation are: (1) a term of years not less than 1 year and not to exceed 5 years for a felony; (2) a term not less than 6 months and not to exceed 2 …
A.S.C.A. § 46.2205 Conditions-Revocation or modification
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(a) While on probation, and among the conditions thereof, the defendant: (1) may be required to pay a fine in 1 or several sums; and (2) may be required to make restitution or reparation, in money or in service, to the victim of his conduct for the damage or injury which was caus…
A.S.C.A. § 46.2206 Detention condition of probation
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Except in infraction cases, when probation is granted, the court, in addition to conditions imposed under 46.2205, may require as a condition of probation that the defendant submit to a period of detention in an appropriate institution at whatever time or intervals within the per…
A.S.C.A. § 46.2207 Multiple terms run concurrently
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A term of probation commences on the day it is imposed. Multiple terms of probation, whether imposed at the same time or at different times, shall run concurrently. Terms of probation shall also run concurrently with any federal, state, or territorial jail, prison, probation or p…
A.S.C.A. § 46.2208 Termination of probation-Discharge of defendant
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The court may terminate a period of probation and discharge the defendant at any time before completion of the specific term fixed under 46.2204 if warranted by the conduct of the defendant and the ends of justice. Procedures for termination and discharge may be established by ru…
A.S.C.A. § 46.2209 Violation of condition
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If the defendant violates a condition of probation at any time prior to the expiration or termination of the probation term, the court may continue him on the existing conditions, with or without modifying or enlarging the conditions, or, if the continuation, modification, or enl…
A.S.C.A. § 46.2210 Notice of revocation to probationer
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Probation shall not be revoked without giving the probationer notice and an opportunity to be heard on the issues of whether he violated a condition of probation and, if he did, whether revocation is warranted under all the circumstances. History: 1979, PL 16-43 § 2.
A.S.C.A. § 46.2211 Notice to appear to answer charges-Warrant of arrest
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At any time during the term of probation, the court may issue a notice to the probationer to appear to answer a charge of a violation and the court may issue a warrant of arrest for the violation. The notice shall be personally served upon the probationer. The warrant shall autho…
A.S.C.A. § 46.2212 Authority to arrest or detain probationer
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Any probation officer, if he has probable cause to believe that the probationer has violated a condition of probation, may arrest the probationer without a warrant, or may deputize any other officer with the power of arrest to do so by giving him a written statement of the circum…
A.S.C.A. § 46.2213 Arrest-Preliminary hearing-Release on bail
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(a) If the probationer is arrested under the authority granted in 46.2211 and 46.2212, he has the right to a preliminary hearing on the violation charged. He shall be notified immediately in writing of the alleged probation violation. The preliminary hearing shall be heard by the…
A.S.C.A. § 46.2214 Notice to sentencing court of arrest and detention
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Upon arrest and detention, the probation officer shall immediately notify the sentencing court and shall submit to the court a written report showing in what manner the probationer has violated the conditions of probation. Thereupon, or upon arrest by warrant, the court shall cau…
A.S.C.A. § 46.2215 Power of court
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The power of the court to revoke probation shall extend for the duration of the term of probation designated by the court and for any further period which is reasonably necessary for the adjudication of matters arising before its expiration; provided, that some affirmative manife…