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Senate Bill 838 Printer's Number 940

PENNSYLVANIA, June 22 - (1) If a party objects to all or any component of the

probation status report, the court shall hold a probation

review conference as otherwise provided by this subsection

and shall notify the defendant, the Commonwealth and any

victim registered with either the Pennsylvania Office of

Victim Advocate or a county victim witness program of the

date of the probation review conference.

(2) If none of the parties entitled to the probation

status report object to the recommendation contained in the

report within 30 days, upon evidence satisfactory to the

court that the probation status report was sent to each party

entitled to receive the probation status report, the

probation review conference shall be deemed waived. The court

shall enter an order memorializing the recommendation

contained in the probation status report and so notify the

defendant, the Commonwealth and any victim registered with

either the Pennsylvania Office of Victim Advocate or a county

victim witness program. The court may enter the order even if

the defendant's probation, sentence or plea of guilty was the

result of an agreement between the Commonwealth and the

defendant.

(f) Termination of probation.--

(1) Except as provided in subsection (g), immediately

following the probation review conference, the court shall

terminate probation unless the court finds:

(i) by clear and convincing evidence that the

conduct of the defendant while on probation created an

identifiable threat to public safety, including

consideration of whether the defendant is the subject of

an active protection from abuse order under 23 Pa.C.S.

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