§ 41-1-506 — Delayed commitment of felons to department of correction

(a) The directive invoking the power granted pursuant to § 41-1-504(a)(2) shall include any conditions the governor may wish to impose as to which inmates or types of inmates will immediately be accepted by the department of correction or which inmates or types of inmates will be subject to the delayed intake directive, or both. The commissioner shall transmit any conditions imposed by the governor to the judges and sheriffs in the notification that intake to the department has been delayed. (b) Notwithstanding this part, the governor shall not have the authority to direct that the commitment of an inmate be delayed any longer than six (6) months from the date of sentencing or the date of the final judgment of the highest state appellate court to which an appeal is taken, whichever date is later. (c) During times in which the power to delay the intake of inmates is invoked pursuant to this part, a judge may order the sheriff to take the inmate into local custody to await removal to the department in accordance with this part. (d) Any delay in the commitment of an inmate to the department as authorized by this part shall not affect the finality of the trial court's sentencing order for appellate purposes. During the authorized delay, the trial court shall retain full authority to change the sentence imposed in any manner. (e) Notwithstanding any other law to the contrary, during the time that the power of restricted intake has been invoked pursuant to § 41-1-504(a)(2) , no sheriff may convey an inmate to the department unless authorized to do so by this section. No sheriff shall be deemed to have violated any duty of office by not conveying the inmate when notified to do so.

Legislative History

Acts 1985 (1st Ex. Sess.), ch. 5, § 19; 1996, ch. 675, § 39.