(a) When a person sentenced under a community correction program, ยง 5-4-312, violates any terms or conditions of his or her sentence or term of probation, revocation of the sentence or term of probation shall be consistent with the procedures under this subchapter.
(b) Upon revocation, the court of jurisdiction shall determine whether the offender 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 the Department of Community Correction.
(c) (1) If committed to the Department of Correction, the court shall specify if the commitment is for judicial transfer of the offender to the Department of Community Correction or is a regular commitment; and
(2) (A) The court shall commit the eligible offender to the custody of the Department of Correction under this subchapter for judicial transfer to the Department of Community Correction subject to the following:
(i) That the sentence imposed provides that the offender shall serve no more than two (2) years of confinement, with credit for meritorious good time, with initial placement in a Department of Community Correction facility; and
(ii) That the initial placement in the Department of Community Correction is conditioned upon the offender's continuing eligibility for Department of Community Correction placement and the offender's compliance with all applicable rules and regulations established by the Board of Corrections for community correction programs.
(B) Post-prison supervision shall accompany and follow programming when appropriate.
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