46-18-225. (Temporary) Criteria for sentencing nonviolent felony offenders. Prior to sentencing a nonviolent felony offender to a term of imprisonment in the state prison or the women's correctional system, the court shall take into account whether:
     (1) the interests of justice and the needs of public safety truly require the level of security provided by imprisonment of the offender in the state prison or the women's correctional system;
     (2) the needs of the offender can be better served in the community or in a facility or program other than the state prison or the women's correctional system;
     (3) there are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;
     (4) the offender acted under strong provocation;
     (5) the offender has made restitution or will make restitution to the victim of the offender's criminal conduct;
     (6) the offender has no prior history of conviction for a criminal act or has led a law-abiding life for a substantial period of time before the commission of the present crime;
     (7) the offender's criminal conduct was the result of circumstances that are unlikely to recur;
     (8) the character and attitude of the offender indicate that the offender is likely to commit another crime;
     (9) the offender is likely to respond quickly to correctional or rehabilitative treatment; and
     (10) imprisonment of the offender would create an excessive hardship on the offender or the offender's family.

     46-18-225. (Effective July 1, 1997) Criteria for sentencing nonviolent felony offenders. Prior to sentencing a nonviolent felony offender to whom 46-18-219 does not apply to a term of imprisonment in the state prison or the women's correctional system, the court shall take into account whether:
     (1) the interests of justice and the needs of public safety truly require the level of security provided by imprisonment of the offender in the state prison or the women's correctional system;
     (2) the needs of the offender can be better served in the community or in a facility or program other than the state prison or the women's correctional system;
     (3) there are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;
     (4) the offender acted under strong provocation;
     (5) the offender has made restitution or will make restitution to the victim of the offender's criminal conduct;
     (6) the offender has no prior history of conviction for a criminal act or has led a law-abiding life for a substantial period of time before the commission of the present crime;
     (7) the offender's criminal conduct was the result of circumstances that are unlikely to recur;
     (8) the character and attitude of the offender indicate that the offender is likely to commit another crime;
     (9) the offender is likely to respond quickly to correctional or rehabilitative treatment; and
     (10) imprisonment of the offender would create an excessive hardship on the offender or the offender's family.

     History: En. Sec. 4, Ch. 794, L. 1991; amd. Sec. 66, Ch. 10, L. 1993; amd. Sec. 15, Ch. 482, L. 1995; amd. Sec. 215, Ch. 546, L. 1995.