§ 16-93-309 — Probation generally - Revocation hearing - Sentence alternatives - Sanctions

(a) Following a revocation hearing held under § 16-93-307 and in which a defendant on probation or who is serving a suspended imposition of sentence has been found guilty or has entered a plea of guilty or nolo contendere, the court may: (1) Continue the period of suspension of sentence or continue the period of probation; (2) Lengthen the period of suspension of sentence or the period of probation within the limits set by § 5-4-306 ; (3) Increase the fine within the limits set by § 5-4-201 ; (4) (A) Impose a period of confinement to be served during the period of suspension of sentence or period of probation. (B) (i) A period of confinement ordered under subdivision (a)(4)(A) of this section resulting from a technical conditions violation or serious conditions violation of probation shall be for the following periods, subject to subsection (b) of this section and § 16-93-308(i)(2)(A) , before the defendant on probation is released and returned to probation: (a) Up to ninety (90) days' confinement for a technical conditions violation; and (b) Exactly one hundred eighty (180) days' confinement for a serious conditions violation. (ii) Any time in custody for which the defendant is held before a period of confinement is ordered by the court under subdivision (a)(4)(A) of this section shall not be credited to the overall period of confinement ordered under this subdivision (a)(4) or toward the maximum number of periods of confinement or the maximum number of days authorized under § 16-93-306(d)(3)(E) . (C) The periods of confinement under subdivision (a)(4)(B) of this section are not available to a person serving a suspended imposition of sentence; or (5) Impose any conditions that could have been imposed upon conviction of the original offense. (b) (1) A period of confinement under subdivision (a)(4) of this section may be reduced by the Division of Correction or the Division of Community Correction for good behavior and successful program completion. (2) A period of confinement shall not be reduced under subdivision (a)(4) of this section for more than fifty percent (50%) of the total time of confinement ordered to be served. (3) A period of confinement under subdivision (a)(4) of this section shall not be reduced by any time served by the defendant while he or she awaits a court hearing to challenge the imposition of the sanction. (c) (1) If a defendant is in custody awaiting a hearing under this section for a technical conditions violation or a serious conditions violation, the hearing shall be conducted as soon as practicable but no later than thirty (30) business days from the date the defendant was taken into custody. (2) If a defendant on probation is in custody in a county jail awaiting a hearing to challenge the imposition of a sanction under subdivision (a)(4) of this section, the state shall reimburse the county for the costs of incarceration at the prevailing rate of reimbursement. (d) Following a revocation hearing in which a defendant is ordered to continue on a period of suspension of sentence or a period of probation, upon finding the defendant guilty at a subsequent revocation hearing, the court may: (1) Revoke the suspension of sentence or period of probation; and (2) Sentence the defendant to incarceration in the Division of Correction. (e) If the suspension of sentence or probation of a defendant is subsequently revoked and the defendant is sentenced to a term of imprisonment, any period of time actually spent in confinement due to the original revocation shall be credited against the subsequent sentence. (f) The location of the appropriate confining facility in which a defendant serves a period of confinement for a technical conditions violation or a serious conditions violation shall be determined by the Board of Corrections. (g) Noncompliance with program requirements approved by the board or violent or sexual behavior while confined for a technical conditions violation or serious conditions violation under this section may result in revocation of the defendant's probation for a period of time exceeding the limitations of subdivision (a)(4) of this section, up to and including the time remaining on the defendant's original sentence. (h) To the extent that a participant in a specialty court program is subject to this section, any period of confinement ordered by the specialty court is not subject to the periods of confinement required under subdivision (a)(4) of this section.

Legislative History

Amended by Act 2019, No. 910,§ 905, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 904, eff. 7/1/2019. Amended by Act 2017, No. 423,§ 19, eff. 10/1/2017. Acts 2011, No. 570, § 90.