46-18-225. Sentencing of nonviolent felony offenders -- criteria -- alternatives to be considered -- court to state reasons for imprisonment.
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/mt/title-46/chapter-18/part-2/46-18-225·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
46-18-225 . Sentencing of nonviolent felony offenders -- criteria -- alternatives to be considered -- court to state reasons for imprisonment.
(1)In sentencing a nonviolent felony offender, the sentencing judge shall first consider alternatives to imprisonment of the offender in a state prison, including placement of the offender in a community corrections facility or program, a prerelease center, a prerelease program, or a day reporting program provided for in 53-1-203 . In considering alternatives to imprisonment, the sentencing judge shall examine the sentencing criteria contained in subsection (2).
(2)Prior to sentencing a nonviolent felony offender to whom 46-18-219 does not apply to a term of imprisonment in a state prison, the sentencing judge shall take into account whether:
(a)the interests of justice and the needs of public safety truly require the level of security provided by imprisonment of the offender in a state prison;
(b)the needs of the offender can be better served in the community or in a facility or program other than a state prison;
(c)there are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;
(d)the offender acted under strong provocation;
(e)the offender has made restitution or will make restitution to the victim of the offender's criminal conduct;
(f)the offender has no prior history of conviction for a criminal act or, if the offender has a prior history of conviction for a criminal act, the offender has led a law-abiding life for a substantial period of time before the commission of the present crime;
(g)the offender's criminal conduct was the result of circumstances that are unlikely to recur;
(h)the character and attitude of the offender indicate that the offender is likely to commit another crime;
(i)the offender is likely to respond quickly to correctional or rehabilitative treatment; and
(j)imprisonment of the offender would create an excessive hardship on the offender or the offender's family.
(3)If the judge sentences the offender to a state prison, the judge shall state the reasons why the judge did not select an alternative to imprisonment, based on the criteria contained in subsection (2).