§ 360.3. Hearing on violation. 1. The court may not revoke an order of\nprobation or conditional discharge unless: (a) the court has found that\nthe respondent has violated a condition of such order; and (b) the\nrespondent has had an opportunity to be heard. The respondent is\nentitled to a hearing in accordance with this section promptly after a\npetition of violation has been filed.\n 2. At the time of his first appearance following the filing of a\npetition of violation the court must: (a) advise the respondent of the\ncontents of the petition and furnish him with a copy thereof; (b)\ndetermine whether the respondent should be released or detained pursuant\nto section 320.5; and (c) ask the respondent whether he wishes to make\nany statement with respect to the violation. If the respondent makes a\nstatement, the court may accept it and base its decision thereon; the\nprovisions of subdivision two of section 321.3 shall apply in\ndetermining whether a statement should be accepted. If the court does\nnot accept such statement or if the respondent does not make a\nstatement, the court shall proceed with the hearing. Upon request, the\ncourt shall grant a reasonable adjournment to the respondent to enable\nhim to prepare for the hearing.\n 3. At such hearing, the court may receive any relevant, competent and\nmaterial evidence. The respondent may cross-examine witnesses and may\npresent evidence on his own behalf.\n 4. The respondent is entitled to counsel at all stages of a proceeding\nunder this section and the court shall advise him of such right at the\noutset of the proceeding.\n 5. The presentment agency shall present the petition in all stages of\nthis part.\n 6. At the conclusion of the hearing the court may revoke, continue or\nmodify the order of probation or conditional discharge. If the court\nrevokes the order, it shall order a different disposition pursuant to\nsection 352.2 of this article provided, however, that if the court finds\na violation of an order of conditional discharge where the underlying\nfinding had been for an act solely constituting a violation as defined\nin subdivision three of section 10.00 of the penal law, the court may\nmodify the conditions of the conditional discharge but may not order any\nother disposition under section 352.2 of this article. If the court\ncontinues the order of probation or conditional discharge, it shall\ndismiss the petition of violation.\n
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