§ 12-19-2.2 - Alternative confinement.
SECTION 12-19-2.2
§ 12-19-2.2 Alternative confinement.– (a) Notwithstanding any other provisions of this chapter, whenever a defendantis convicted of a nonviolent criminal offense and is between the ages ofeighteen (18) and twenty-eight (28) and receives a maximum sentence of three(3) years or less to serve, and the department of corrections is satisfied thatthe ends of justice and the best interests of the public as well as theoffender will be served by it, the director of the department of correctionsmay make application to the sentencing judge for an order that the convictedoffender be placed in a well structured highly disciplined shock incarcerationprogram administered by the department of corrections. The program shallinclude extensive physical regimentation, drug and alcohol abuse counseling,behavioral counseling and mandatory education courses and communityrestitution. This program will be open to first time offenders.
(2) For the purpose of this section, "first time offender" isdefined as an individual who has not been incarcerated pursuant to a conviction.
(3) The written application by the director to the sentencingjudge for an order directing that a sentenced person be confined in the shockincarceration program shall set forth his or her reason for seeking the order.The hearing on the application shall be held within ten (10) business daysfollowing the filing of the application. If the sentencing judge is unavailableto hear and consider the application the presiding justice of the superiorcourt shall designate another judge to do so.
(b) The program shall be not less than one hundred eighty(180) days nor more than two hundred (200) days in duration and shall beoperated in accordance with rules and regulations promulgated by the departmentof corrections and as otherwise provided for by law.
(c) The director or his or her designee shall report to thesentencing court whether the convicted offender completes or does not completethe program together with any additional information the director shall deemappropriate with respect to the offender's conduct during the course of theprogram. Upon receipt of this report, the original sentencing judge may, uponhis or her own order, in the event of successful completion, suspend but notvacate the remainder of the offender's sentence and place the offender onprobation as provided by this chapter; or upon his or her own order, in theevent of unsuccessful completion, will confine the offender to the adultcorrectional institutions for the balance of the original sentence stillremaining with credit being given for any time that may have been spent in theprogram. In the event that the unsuccessful completion of the program is theresult of an additional criminal offense, then the additional sentence imposedfor the new offense shall be in addition to and not concurrent with theoriginal sentence.
(d) Defendants convicted of a violent felony or previouslyconvicted of a crime of violence shall not be eligible for this program.
(2) "Violent felony" as used in this section means any one ofthe following crimes or an attempt to commit that crime:
(i) Murder;
(ii) Manslaughter;
(iii) Sexual assault;
(iv) Mayhem;
(v) Robbery;
(vi) Burglary;
(vii) Assault with a dangerous weapon; and
(viii) Assault or battery resulting in serious bodily injury.
(e) The director of the department of corrections shallannually review the operation of the program and report his or her findings tothe general assembly.
(f) There shall be created within the department ofcorrections a special division which shall supervise those convicted offenderswho were placed on probation as a result of completing this program.
(g) The supervision of persons confined under the provisionsof this section shall be conducted by the director or his designee.
(h) The director shall have full power and authority toenforce any of the provisions of this section by regulation, subject to theprovisions of the Administrative Procedures Act, chapter 35 of title 42.Notwithstanding any provision to the contrary, the department of correctionsmay contract with private agencies to carry out the provisions of this section.The civil liability of private agencies and their employees, acting within thescope of their employment, and carrying out the provisions of this section,shall be limited in the same manner and dollar amount as if they were agenciesor employees of the state.
(i) The state planning council established pursuant to theprovisions of § 42-11-10 is authorized and directed to determine the mostappropriate location for the program.
(j) Alternative confinement pursuant to this section shallcommence upon the approval by the general assembly of funding sufficient tocarry out the purposes of this section.