The State also points out the court's only other option was to incarcerate Thomas, which he surely did not want. We recognize the trial court had good intentions in jailing Thomas until a bed became available in the residential program. We also agree that the court has a duty to protect the citizenry from probationers who repeatedly violate the conditions of their probation. However, the reality is that the court cited no authority, nor is there any authority, to incarcerate Thomas beyond 30 days. The legislature has clearly spoken in this matter.
Probation is an act of grace.
Reinstatement of probation in this case was clemency of the highest nature. Thomas continued to use drugs, yet somehow he persuaded the court to twice reinstate his probation. As the State points out, the defendant did not want to go to prison, but if there are no beds available in the residential program, the court can clearly order jail time for 30 days. After the 30-day period, the court can evaluate the situation and choose between sending the defendant to prison or giving a more lenient probation. These are the only options the court has.