(a) (1) A court may require that either a presentence investigation be conducted by either the probation officer or presentence investigation officer assigned to the court or that the defense counsel of a defendant, the prosecuting attorney, a probation officer, and other persons whom the court believes have information relevant to the sentencing of the defendant submit to the court the information in writing prior to sentencing.(2) The presentence investigation or information submitted by the persons described in subdivision (a)(1) of this section shall be forwarded with the commitment order to the circuit clerk and retained in the defendant's case file.
(1) A court may require that either a presentence investigation be conducted by either the probation officer or presentence investigation officer assigned to the court or that the defense counsel of a defendant, the prosecuting attorney, a probation officer, and other persons whom the court believes have information relevant to the sentencing of the defendant submit to the court the information in writing prior to sentencing.
(2) The presentence investigation or information submitted by the persons described in subdivision (a)(1) of this section shall be forwarded with the commitment order to the circuit clerk and retained in the defendant's case file.
(b) Upon a preliminary determination by a court that a defendant is an eligible offender and that placement in a community correction program under § 16-93-1201 et seq. is proper, the court may:(1) (A) Suspend the imposition of the sentence or place the defendant on probation, under § 5-4-104, § 5-4-201 et seq., §§ 5-4-301 — 5-4-307, and § 16-93-314.(B) A sentence under subdivision (b)(1)(A) of this section may be accompanied by assignment to a community correction program under § 16-93-1201 et seq. for a designated period of time commensurate with the goals of the community correction program assignment and the rules established by the Board of Corrections for the operation of community correction programs.(C) The court shall maintain jurisdiction over the defendant sentenced under subdivision (b)(1)(A) of this section with supervision outside the confines of the specific programming provided by probation officers assigned to the court.(D) (i) If a person sentenced under subdivision (b)(1)(A) of this section violates any term or condition of his or her sentence or term of probation, revocation of the sentence or term of probation shall be consistent with the procedures established by law for the revocation of suspended imposition of sentence or probation.(ii) Upon revocation as described in subdivision (b)(1)(D)(i) of this section, the court shall determine whether the defendant shall remain under the jurisdiction of the court and be assigned to a more restrictive community correction program, facility, or institution for a period of time or committed to a secured facility operated or contracted by a division of the Department of Corrections;(2) (A) Commit the defendant to the custody of the Division of Correction for judicial transfer to a community correction center operated or contracted by a division of the department subject to the following:(i) That the sentence imposed provides that the defendant shall not serve more than three (3) years of confinement, with credit for meritorious good time or earned release credits, with initial placement in a community correction center operated or contracted by a division of the department; and(ii) That the preliminary placement in a community correction center operated or contracted by a division of the department is conditioned upon the department's final determination of the defendant's initial and continuing eligibility for community correction center placement and the defendant's compliance with all applicable rules established by the Board of Corrections for community correction programs.(B) Post-prison supervision of the defendant shall accompany and follow the community correction program when appropriate; or(3) (A) Sentence the defendant to the Division of Correction, granting the Division of Correction the ability to administratively transfer the defendant to a community correction center operated or contracted by a division of the department if the Division of Correction determines that the sentence imposed meets the eligibility requirements for placement in a community correction program under this subchapter and § 16-93-1201 et seq.(B) Administrative transfer to a community correction center operated or contracted by a division of the department under subdivision (b)(3)(A) of this section is conditioned upon bed space availability and upon the department's final determination of the defendant's initial and continuing eligibility for community correction center placement.(C) A determination of ineligibility under subdivision (b)(3)(B) of this section by the department shall result in the immediate removal of the defendant from the community correction center.(D) A decision to release a defendant administratively transferred to a community correction center under subdivision (b)(3)(A) of this section is vested solely with the Post-Prison Transfer Board.
(1) (A) Suspend the imposition of the sentence or place the defendant on probation, under § 5-4-104, § 5-4-201 et seq., §§ 5-4-301 — 5-4-307, and § 16-93-314.(B) A sentence under subdivision (b)(1)(A) of this section may be accompanied by assignment to a community correction program under § 16-93-1201 et seq. for a designated period of time commensurate with the goals of the community correction program assignment and the rules established by the Board of Corrections for the operation of community correction programs.(C) The court shall maintain jurisdiction over the defendant sentenced under subdivision (b)(1)(A) of this section with supervision outside the confines of the specific programming provided by probation officers assigned to the court.(D) (i) If a person sentenced under subdivision (b)(1)(A) of this section violates any term or condition of his or her sentence or term of probation, revocation of the sentence or term of probation shall be consistent with the procedures established by law for the revocation of suspended imposition of sentence or probation.(ii) Upon revocation as described in subdivision (b)(1)(D)(i) of this section, the court shall determine whether the defendant shall remain under the jurisdiction of the court and be assigned to a more restrictive community correction program, facility, or institution for a period of time or committed to a secured facility operated or contracted by a division of the Department of Corrections;
(A) Suspend the imposition of the sentence or place the defendant on probation, under § 5-4-104, § 5-4-201 et seq., §§ 5-4-301 — 5-4-307, and § 16-93-314.
(B) A sentence under subdivision (b)(1)(A) of this section may be accompanied by assignment to a community correction program under § 16-93-1201 et seq. for a designated period of time commensurate with the goals of the community correction program assignment and the rules established by the Board of Corrections for the operation of community correction programs.
(C) The court shall maintain jurisdiction over the defendant sentenced under subdivision (b)(1)(A) of this section with supervision outside the confines of the specific programming provided by probation officers assigned to the court.
(D) (i) If a person sentenced under subdivision (b)(1)(A) of this section violates any term or condition of his or her sentence or term of probation, revocation of the sentence or term of probation shall be consistent with the procedures established by law for the revocation of suspended imposition of sentence or probation.(ii) Upon revocation as described in subdivision (b)(1)(D)(i) of this section, the court shall determine whether the defendant shall remain under the jurisdiction of the court and be assigned to a more restrictive community correction program, facility, or institution for a period of time or committed to a secured facility operated or contracted by a division of the Department of Corrections;
(i) If a person sentenced under subdivision (b)(1)(A) of this section violates any term or condition of his or her sentence or term of probation, revocation of the sentence or term of probation shall be consistent with the procedures established by law for the revocation of suspended imposition of sentence or probation.
(ii) Upon revocation as described in subdivision (b)(1)(D)(i) of this section, the court shall determine whether the defendant shall remain under the jurisdiction of the court and be assigned to a more restrictive community correction program, facility, or institution for a period of time or committed to a secured facility operated or contracted by a division of the Department of Corrections;
(2) (A) Commit the defendant to the custody of the Division of Correction for judicial transfer to a community correction center operated or contracted by a division of the department subject to the following:(i) That the sentence imposed provides that the defendant shall not serve more than three (3) years of confinement, with credit for meritorious good time or earned release credits, with initial placement in a community correction center operated or contracted by a division of the department; and(ii) That the preliminary placement in a community correction center operated or contracted by a division of the department is conditioned upon the department's final determination of the defendant's initial and continuing eligibility for community correction center placement and the defendant's compliance with all applicable rules established by the Board of Corrections for community correction programs.(B) Post-prison supervision of the defendant shall accompany and follow the community correction program when appropriate; or
(A) Commit the defendant to the custody of the Division of Correction for judicial transfer to a community correction center operated or contracted by a division of the department subject to the following:(i) That the sentence imposed provides that the defendant shall not serve more than three (3) years of confinement, with credit for meritorious good time or earned release credits, with initial placement in a community correction center operated or contracted by a division of the department; and(ii) That the preliminary placement in a community correction center operated or contracted by a division of the department is conditioned upon the department's final determination of the defendant's initial and continuing eligibility for community correction center placement and the defendant's compliance with all applicable rules established by the Board of Corrections for community correction programs.
(i) That the sentence imposed provides that the defendant shall not serve more than three (3) years of confinement, with credit for meritorious good time or earned release credits, with initial placement in a community correction center operated or contracted by a division of the department; and
(ii) That the preliminary placement in a community correction center operated or contracted by a division of the department is conditioned upon the department's final determination of the defendant's initial and continuing eligibility for community correction center placement and the defendant's compliance with all applicable rules established by the Board of Corrections for community correction programs.
(B) Post-prison supervision of the defendant shall accompany and follow the community correction program when appropriate; or
(3) (A) Sentence the defendant to the Division of Correction, granting the Division of Correction the ability to administratively transfer the defendant to a community correction center operated or contracted by a division of the department if the Division of Correction determines that the sentence imposed meets the eligibility requirements for placement in a community correction program under this subchapter and § 16-93-1201 et seq.(B) Administrative transfer to a community correction center operated or contracted by a division of the department under subdivision (b)(3)(A) of this section is conditioned upon bed space availability and upon the department's final determination of the defendant's initial and continuing eligibility for community correction center placement.(C) A determination of ineligibility under subdivision (b)(3)(B) of this section by the department shall result in the immediate removal of the defendant from the community correction center.(D) A decision to release a defendant administratively transferred to a community correction center under subdivision (b)(3)(A) of this section is vested solely with the Post-Prison Transfer Board.
(A) Sentence the defendant to the Division of Correction, granting the Division of Correction the ability to administratively transfer the defendant to a community correction center operated or contracted by a division of the department if the Division of Correction determines that the sentence imposed meets the eligibility requirements for placement in a community correction program under this subchapter and § 16-93-1201 et seq.
(B) Administrative transfer to a community correction center operated or contracted by a division of the department under subdivision (b)(3)(A) of this section is conditioned upon bed space availability and upon the department's final determination of the defendant's initial and continuing eligibility for community correction center placement.
(C) A determination of ineligibility under subdivision (b)(3)(B) of this section by the department shall result in the immediate removal of the defendant from the community correction center.
(D) A decision to release a defendant administratively transferred to a community correction center under subdivision (b)(3)(A) of this section is vested solely with the Post-Prison Transfer Board.
(c) A defendant may not be excluded from placement in a community correction program under this section based solely on the defendant's inability to speak, read, write, hear, or understand English.
(d) (1) If after receipt of an order directing a defendant to a community correction center, the department determines that the defendant is not eligible for placement in a community correction program under § 16-93-1201 et seq., the department shall not admit the defendant to the community correction center but shall immediately notify the prosecuting attorney in writing.(2) After receipt of the notice required under subdivision (d)(1) of this section, the prosecuting attorney shall notify the court of the defendant's ineligibility for placement in a community correction center, and the court shall resentence the defendant accordingly.
(1) If after receipt of an order directing a defendant to a community correction center, the department determines that the defendant is not eligible for placement in a community correction program under § 16-93-1201 et seq., the department shall not admit the defendant to the community correction center but shall immediately notify the prosecuting attorney in writing.
(2) After receipt of the notice required under subdivision (d)(1) of this section, the prosecuting attorney shall notify the court of the defendant's ineligibility for placement in a community correction center, and the court shall resentence the defendant accordingly.