§ 12-19-2 - Selection of method and amount or term of punishment.
SECTION 12-19-2
§ 12-19-2 Selection of method and amountor term of punishment. – (a) Whenever it is provided that any offense shall be punished by a fine orimprisonment, the court imposing punishment may, in its discretion, select thekind of punishment to be imposed, and, if the punishment is fine orimprisonment, its amount or term within the limits prescribed by law; provided,if the punishment to be imposed is imprisonment, the sentence or sentencesimposed shall be reduced by the number of days spent in confinement whileawaiting trial and while awaiting sentencing; and provided, further, that inthe case of a person sentenced to a life sentence, the time at which he or sheshall become eligible to apply for parole shall be reduced by the number ofdays spent in confinement while awaiting trial and while awaiting sentencing;and any sentence or sentences in effect at present, including the provision asto a life sentence as described in this subsection may be reduced in likemanner by the court which imposed the sentence upon application by the personserving the sentence to the court.
(b) The court upon the sentencing of a first time offender,excluding capital offense and sex offense involving minors, may in appropriatecases sentence the person to a term of imprisonment, and allow the person tocontinue in his or her usual occupation or education and shall order the personto be confined in a minimum security facility at the A.C.I. during his or hernonworking or study hours.
(c) The director of corrections or his or her designee mayimpose any conditions and restrictions upon the release of persons sentencedunder this section that he or she deems necessary.
(d) The director of corrections may at any time, subject tothe approval of the director, recall a prisoner from release status if he orshe believes or has reason to believe the peace, safety, welfare, or securityof the community may be endangered by the prisoner being under release status.Any prisoner recalled under this subsection shall be presented to the nextregularly scheduled meeting of the classification board for its furtherconsideration.
(e) A prisoner authorized to work at paid employment in thecommunity under this section may be required to pay, and the director isauthorized to collect, costs incident to the prisoner's confinement as thedirector deems appropriate and reasonable. These collections shall be depositedwith the treasurer as a part of the general revenue of the state.
(f) When a sentenced inmate's parole release date orcompletion of sentence falls on a weekend or on a holiday, the department ofcorrections may release the inmate on the prior business day.