§ 16-90-122 — Post-conviction release of nonviolent offenders

(a) Except as provided in subsection (b) of this section, any circuit judge may authorize the temporary release of an offender in the county sheriff's custody who has: (1) Been found guilty of or pleaded guilty or nolo contendere to a nonviolent felony offense in circuit court; and (2) Been sentenced to a term of imprisonment and committed to the Division of Correction or the Division of Community Correction and is awaiting transfer to the Division of Correction or the Division of Community Correction. (b) A circuit judge shall not authorize the temporary release of an offender under subsection (a) of this section if the offender has been found guilty of or pleaded guilty or nolo contendere to a: (1) Class Y felony offense listed in § 16-93-618 ; or (2) Felony sex offense listed in the definition of "sex offense" in § 12-12-903 . (c) (1) The circuit judge may authorize the release under the terms and conditions that he or she determines are necessary to protect the public and to ensure the offender's return to custody upon notice that bed space is available at the Division of Correction or the Division of Community Correction. (2) The circuit judge may require a cash or professional bond to be posted in an amount suitable to ensure the offender's return to custody.

Legislative History

Amended by Act 2019, No. 910,§ 864, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 863, eff. 7/1/2019. Acts 2005, No. 1261, § 1; 2007, No. 279, § 1; 2011, No. 570, § 77.