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 151 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).