§ 12-19-21 - Habitual criminals.
SECTION 12-19-21
§ 12-19-21 Habitual criminals. – (a) If any person who has been previously convicted in this or any other stateof two (2) or more felony offenses arising from separate and distinct incidentsand sentenced on two (2) or more occasions to serve a term in prison is, afterthe convictions and sentences, convicted in this state of any offense punishedby imprisonment for more than one year, that person shall be deemed a "habitualcriminal." Upon conviction, the person deemed a habitual criminal shall bepunished by imprisonment in the adult correctional institutions for a term notexceeding twenty-five (25) years, in addition to any sentence imposed for theoffense of which he or she was last convicted. No conviction and sentence forwhich the person has subsequently received a pardon granted on the ground thathe or she was innocent shall be considered a conviction and sentence for thepurpose of determining whether the person is a habitual criminal.
(b) Whenever it appears a person shall be deemed a "habitualcriminal," the attorney general, within forty-five (45) days of thearraignment, but in no case later than the date of the pretrial conference, mayfile with the court a notice specifying that the defendant, upon conviction, issubject to the imposition of an additional sentence in accordance with thissection; provided, that in no case shall the fact that the defendant is allegedto be a habitual offender be an issue upon the trial of the defendant, norshall it be disclosed to the jury. Upon any plea of guilty or nolo contendereor verdict or finding of guilty of the defendant, a hearing shall be held bythe court sitting without a jury to determine whether the person so convictedis a habitual criminal. Notice shall be given to the defendant and the attorneygeneral at least ten (10) days prior to the hearing. Duly authenticated copiesof former judgments and commitments which comprise the two (2) or more priorconvictions and imprisonments required under this section shall be prima facieevidence of the defendant's former convictions and imprisonments. If it appearsby a preponderance of the evidence presented that the defendant is a habitualcriminal under this section, he or she shall be sentenced by the court to anadditional consecutive term of imprisonment not exceeding twenty-five (25)years; and provided further, that the court shall order the defendant to servea minimum number of years of the sentence before he or she becomes eligible forparole.