What is a technical violation vs a new law violation?

The statute defines a technical violation as an alleged violation of supervision that is not a new felony, misdemeanor, or criminal traffic offense.

That covers missed appointments, positive or missed drug tests, failure to complete community service, falling behind on payments, curfew issues, and travel without permission.

Here's what most people don't know. Where a technical violation occurs, the probation officer must determine whether the person is eligible for an alternative sanctioning program — and if eligible, may proceed with it instead of filing a violation affidavit with the court. The statute lists qualifying low-risk violations, including failure to meet a monthly quota on restitution, court costs, or community service hours.

It's a real trade. Participating requires admitting the violation, agreeing to the recommended sanction, and waiving the right to a hearing and to a written statement of findings. Declining means the officer may file the affidavit and seek a warrant.

Eligibility is limited — including that no prior violation has been found on a filed affidavit during this term — and available sanctions vary by circuit administrative order.