(a) Following a revocation hearing held under § 16-93-307 and in which a defendant has been found guilty or has entered a plea of guilty or nolo contendere, the court may:
(1) Continue the period of suspension of imposition of sentence or continue the period of probation;
(2) Lengthen the period of suspension or the period of probation within the limits set by § 5-4-306;
(3) Increase the fine within the limits set by § 5-4-201;
(4) Impose a period of confinement to be served during the period of suspension of imposition of sentence or period of probation; or
(5) Impose any conditions that could have been imposed upon conviction of the original offense.
(b) Following a revocation hearing in which a defendant is ordered to continue on a period of suspension or a period of probation, nothing prohibits the court, upon finding the defendant guilty at a subsequent revocation hearing, from:
(1) Revoking the suspension or period of probation; and
(2) Sentencing the defendant to incarceration in the Department of Correction.
(c) If the suspension or probation of a defendant is subsequently revoked and the defendant is sentenced to a term of imprisonment, any period of time actually spent in confinement due to the original revocation shall be credited against the subsequent sentence.
Section: Previous 16-93-302 16-93-303 16-93-304 16-93-305 16-93-306 16-93-307 16-93-308 16-93-309 16-93-310 16-93-311 16-93-312 16-93-313 16-93-314 NextLast modified: November 15, 2016