§ 46-18-225 — Sentencing Of Nonviolent Felony Offenders -- Criteria -- Alternatives To Be Considered -- Court To State Reasons For Imprisonment

46-18-225 . Sentencing of nonviolent felony offenders -- criteria -- alternatives to be considered -- court to state reasons for imprisonment. (1) In sentencing a nonviolent felony offender, the sentencing judge shall first consider alternatives to imprisonment of the offender in a state prison, including placement of the offender in a community corrections facility or program, a prerelease center, a prerelease program, or a day reporting program provided for in 53-1-203 . In considering alternatives to imprisonment, the sentencing judge shall examine the sentencing criteria contained in subsection (2).
(2) Prior to sentencing a nonviolent felony offender to whom 46-18-219 does not apply to a term of imprisonment in a state prison, the sentencing judge shall take into account whether:
(a) the interests of justice and the needs of public safety truly require the level of security provided by imprisonment of the offender in a state prison;
(b) the needs of the offender can be better served in the community or in a facility or program other than a state prison;
(c) there are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;
(d) the offender acted under strong provocation;
(e) the offender has made restitution or will make restitution to the victim of the offender's criminal conduct;
(f) the offender has no prior history of conviction for a criminal act or, if the offender has a prior history of conviction for a criminal act, the offender has led a law-abiding life for a substantial period of time before the commission of the present crime;
(g) the offender's criminal conduct was the result of circumstances that are unlikely to recur;
(h) the character and attitude of the offender indicate that the offender is likely to commit another crime;
(i) the offender is likely to respond quickly to correctional or rehabilitative treatment; and
(j) imprisonment of the offender would create an excessive hardship on the offender or the offender's family.
(3) If the judge sentences the offender to a state prison, the judge shall state the reasons why the judge did not select an alternative to imprisonment, based on the criteria contained in subsection (2).

Legislative History

En. Sec. 4, Ch. 794, L. 1991; amd. Sec. 66, Ch. 10, L. 1993; amd. Sec. 15, Ch. 482, L. 1995; amd. Sec. 215, Ch. 546, L. 1995; amd. Sec. 7, Ch. 189, L. 1997; amd. Sec. 9, Ch. 52, L. 1999; amd. Sec. 3, Ch. 517, L. 2005.