§ 12-19-2. Selection of method and amount or term of punishment.
(a) Whenever it is provided that any offense shall be punished by a fine or imprisonment,
the court imposing punishment may, in its discretion, select the kind of punishment
to be imposed, and, if the punishment is fine or imprisonment, its amount or term
within the limits prescribed by law; provided, if the punishment to be imposed is
imprisonment, the sentence or sentences imposed shall be reduced by the number of
days spent in confinement while awaiting trial and while awaiting sentencing; and
provided, further, that in the case of a person sentenced to a life sentence, the
time at which he or she shall become eligible to apply for parole shall be reduced
by the number of days spent in confinement while awaiting trial and while awaiting
sentencing; and any sentence or sentences in effect at present, including the provision
as to a life sentence as described in this subsection may be reduced in like manner
by the court which imposed the sentence upon application by the person serving the
sentence to the court.
(b) The court upon the sentencing of a first-time offender, excluding capital offense
and sex offense involving minors, may in appropriate cases sentence the person to
a term of imprisonment, and allow the person to continue in his or her usual occupation
or education and shall order the person to be confined in a minimum security facility
at the A.C.I. during his or her nonworking or study hours.
(c) The director of corrections or his or her designee may impose any conditions and restrictions
upon the release of persons sentenced under this section that he or she deems necessary.
(d) The director of corrections may at any time, subject to the approval of the director,
recall a prisoner from release status if he or she believes or has reason to believe
the peace, safety, welfare, or security of the community may be endangered by the
prisoner being under release status. Any prisoner recalled under this subsection shall
be presented to the next regularly scheduled meeting of the classification board for
its further consideration.
(e) A prisoner authorized to work at paid employment in the community under this section
may be required to pay, and the director is authorized to collect, costs incident
to the prisoner's confinement as the director deems appropriate and reasonable. These
collections shall be deposited with the treasurer as a part of the general revenue
of the state.
(f) When a sentenced inmate's parole release date or completion of sentence falls on a
weekend or on a holiday, the department of corrections may release the inmate on the
prior business day.
(g) When a sentenced inmate is scheduled to be released from the custody of the department
of corrections to a community partner for residential treatment and/or to a facility
to maintain stable living conditions, and the inmate's release date or completion
of sentence is incompatible with the capacity, staffing, or scheduling capabilities
of the community partner facility, the department of corrections may release the inmate
up to three (3) business days earlier than the scheduled release date, provided the
inmate transitions directly from the department of corrections to the community partner
facility.