41-5-1105. Execution of adult sentence -- exception -- transfer to district court. (1) If a court has imposed on a youth an adult criminal sentence stayed under 41-5-1104(1)(b) and the youth violates the conditions of the stay or is alleged to have committed a new offense, the court may, without notice, direct that the youth be taken into immediate custody and revoke the stay. The court shall notify the youth in writing of the reasons for the revocation.
     (2) (a) If the youth challenges the reasons for the revocation, the court shall hold a summary hearing at which the youth is entitled to be heard and represented by counsel.
     (b) After the hearing, if the court finds by a preponderance of the evidence presented that the conditions of the stay have been violated, the court shall:
     (i) order execution of the sentence imposed under 41-5-1104(1)(b); or
     (ii) continue the stay and make written findings regarding the mitigating factors that justify continuing the stay.
     (3) If the stay of an adult sentence is revoked under this section, jurisdiction must be transferred to district court for execution of the sentence, subject to 41-5-206(8) and (9).

     History: En. Sec. 5, Ch. 438, L. 1995.