§ 5-4-402 — Place of imprisonment

(a) Except as provided in §§ 5-4-304 and 16-93-708 , a defendant convicted of a felony and sentenced to imprisonment shall be committed to the custody of the Division of Correction for the term of his or her sentence or until released in accordance with law. (b) Except as provided in § 16-93-708 , a defendant convicted of a misdemeanor and sentenced to imprisonment shall be committed to the county jail or other authorized institution designated by the court for the term of his or her sentence or until released in accordance with law. (c) Except as provided in § 5-4-304 or § 16-93-708 , a defendant convicted of a felony violation of §§ 5-64-419 - 5-64-442 and sentenced to imprisonment shall be committed to the custody of the Division of Correction for the term of his or her sentence or until released in accordance with law. (d) (1) (A) A juvenile sentenced in circuit court who is less than sixteen (16) years of age when sentenced shall be committed to the custody of the Division of Youth Services until his or her sixteenth birthday, at which time he or she shall be transferred to the Division of Correction, except as provided by court order or parole decision made by the Post-Prison Transfer Board. (B) Any record from the Division of Youth Services shall be transferred to the Division of Correction at the time the juvenile is transferred. (2) A juvenile less than sixteen (16) years of age who is awaiting transfer to the Division of Correction shall be segregated from the general delinquency population housed at the Division of Youth Services. (e) (1) With the consent and approval of the Division of Youth Services, the Division of Correction may transfer from the Division of Correction to the Division of Youth Services any inmate less than eighteen (18) years of age who, in the opinion of the Division of Correction and the Division of Youth Services, is more suited and adaptable by age, physical size, and temperament to a program of the Department of Human Services. (2) (A) An inmate transferred to the Division of Youth Services shall be segregated from the general delinquency population housed at the Division of Youth Services. (B) If an inmate violates a rule of the Division of Youth Services' program or facility or is otherwise not amenable to the Division of Youth Services' rehabilitative effort, the Division of Youth Services may return the inmate to the Division of Correction. (3) Any inmate transferred to the Division of Youth Services under this subsection shall be returned to the Division of Correction on the inmate's eighteenth birthday.

Legislative History

Amended by Act 2023, No. 659,§ 13, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 657, eff. 7/1/2019. Acts 1975, No. 280, § 902; 1985, No. 982, § 1; A.S.A. 1947, § 41-902; Acts 1999, No. 1192, § 11; 2001, No. 559, § 9; 2005, No. 680, § 2; 2011, No. 570, § 18; 2011, No. 1120, § 4.