§ 5-4-803 — Procedure

(a) A court may sentence an eligible offender under this subchapter. (b) (1) If a court elects to sentence an eligible offender under this subchapter, the court may suspend imposition of sentence for the eligible offender for a period not to exceed the period of years that is the maximum penalty for the offense for which convicted upon condition that the eligible offender be incarcerated in a county jail or regional jail to participate in a community work project. (2) In order for the eligible offender to participate in a community work project, space must be available in the county jail or regional jail as certified by the county sheriff to the: (A) Division of Correction for an eligible offender committed to the division; or (B) Court for an eligible offender serving time for a misdemeanor offense. (3) The length of the community work project service and incarceration shall not exceed eighteen (18) months for a felony offense with work incentive credit or, in the case of a misdemeanor offense, the maximum length of incarceration for the misdemeanor offense reduced by the work incentive credit. (c) (1) If an eligible offender sentenced under this subchapter withdraws consent to participate in a community work project, then: (A) The county sheriff shall notify the court and bring the eligible offender before the court within a reasonable time; and (B) The court shall determine whether the eligible offender has withdrawn consent to participate in a community work project. (2) If the court finds that the eligible offender has withdrawn consent to participate in the community work project, the court shall remand the eligible offender for the remaining portion of the eligible offender's sentence to the: (A) Division for a felony offense; or (B) County sheriff for a misdemeanor offense. (3) If an eligible offender withdraws consent to participate in a community work project, the eligible offender is entitled to all good time, parole, and post-release supervision eligibility considerations as provided by law. (4) Any portion of the sentence that was suspended by the court at the time of the original sentence is not affected by the removal of an eligible offender from participating in the community work project. (d) (1) If an eligible offender's conduct while participating in a community work project is unsatisfactory, upon petition filed by the prosecuting attorney, the court may schedule a hearing to determine if the eligible offender should be allowed to continue to participate in the community work project. (2) A hearing under this subsection shall follow the same format and accord the eligible offender the same safeguards as the revocation procedure in § 16-93-307 . (3) The burden of proof necessary for revocation of a sentence under this subchapter shall be a preponderance of the evidence that the eligible offender's conduct has been unsatisfactory while participating in a community work project. (4) If the court finds that the eligible offender's conduct has been unsatisfactory while performing in a community work project, the court shall remand the eligible offender for the remaining portion of the eligible offender's sentence to the: (A) Division for a felony offense; or (B) County sheriff for a misdemeanor offense. (5) If an eligible offender's conduct is found to be unsatisfactory, the eligible offender is entitled to all good time, parole, and post-release supervision eligibility considerations as provided by law.

Legislative History

Amended by Act 2023, No. 659,§ 23, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 22, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 663, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 662, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 661, eff. 7/1/2019. Amended by Act 2013, No. 1125,§ 3, eff. 8/16/2013. Acts 2011, No. 570, § 21.