§ 45-58-233 — Definitions

As used in this subpart, the following words shall have the following meanings:
(1) ELIGIBLE PERSON. An offender who has not been convicted of the offense of murder, kidnapping in the first degree, rape in the first or second degree, sodomy in the first or second degree, arson in the first degree, selling or trafficking in controlled substances, robbery in the first degree, sexual abuse in the first degree, forcible sex crimes, lewd and lascivious acts upon a child, assault in the first degree, or who has not demonstrated a pattern of violent behavior. In reaching this determination, the court may consider prior convictions and other acts not resulting in conviction or criminal charges, and the behavior of the offender while in state or county confinement.
(2) JUDICIAL OFFICER. Any circuit judge, or equivalent thereof in Shelby County, any district court judge or judge of any other court created in lieu thereof, or equivalent thereof in Shelby County, and any municipal judge in Shelby County.

Legislative History

(Act 92–394, p. 810, § 1.)