Sentencing of nonviolent felony offenders – criteria – alternatives to be considered – court to state reasons for imprisonment
(1) In sentencing a nonviolent felony offender, the sentencing judge shall first consider alternatives to imprisonment of the offender in a state prison, including placement of the offender in a community corrections facility or program, a prerelease center, a prerelease program, or a day reporting program provided for in 53-1-203. In considering alternatives to imprisonment, the sentencing judge shall examine the sentencing criteria contained in subsection (2).
(2) Prior to sentencing a nonviolent felony offender to whom 46-18-219 does not apply to a term of imprisonment in a state prison, the sentencing judge shall take into account whether:
(a) the interests of justice and the needs of public safety truly require the level of security provided by imprisonment of the offender in a state prison;
(b) the needs of the offender can be better served in the community or in a facility or program other than a state prison;
(c) there are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;
(d) the offender acted under strong provocation;
(e) the offender has made restitution or will make restitution to the victim of the offender's criminal conduct;
(f) the offender has no prior history of conviction for a criminal act or, if the offender has a prior history of conviction for a criminal act, the offender has led a law-abiding life for a substantial period of time before the commission of the present crime;
(g) the offender's criminal conduct was the result of circumstances that are unlikely to recur;
(h) the character and attitude of the offender indicate that the offender is likely to commit another crime;
(i) the offender is likely to respond quickly to correctional or rehabilitative treatment; and
(j) imprisonment of the offender would create an excessive hardship on the offender or the offender's family.
(3) If the judge sentences the offender to a state prison, the judge shall state the reasons why the judge did not select an alternative to imprisonment, based on the criteria contained in subsection (2).
| EnactedEn. SectionSec. 4, ChapterCh. 794, Laws ofL. 1991 |
| AmendedAmd. SectionSec. 66, ChapterCh. 10, Laws ofL. 1993 |
| AmendedAmd. SectionSec. 15, ChapterCh. 482, Laws ofL. 1995 |
| AmendedAmd. SectionSec. 215, ChapterCh. 546, Laws ofL. 1995 |
| AmendedAmd. SectionSec. 7, ChapterCh. 189, Laws ofL. 1997 |
| AmendedAmd. SectionSec. 9, ChapterCh. 52, Laws ofL. 1999 (HB 48 - McGee, Dan (R) HD 21) |
| AmendedAmd. SectionSec. 3, ChapterCh. 517, Laws ofL. 2005 (HB 726 - Gutsche, Gail (D) HD 99) |