46-18-208. Termination of remaining portion of deferred or suspended sentence -- petition. (1) When imposition of a sentence has been deferred or execution of a sentence has been suspended, the prosecutor or defendant may file a petition to terminate the time remaining on the sentence if:
(a) in the case of a deferred imposition of sentence, the defendant has served one-half of the sentence and has demonstrated compliance with supervision requirements; or
(b) in the case of a suspended sentence:
(i) the defendant has served two-thirds of the time suspended; and
(ii) the defendant has been granted a conditional discharge from supervision under 46-23-1011 and has demonstrated compliance with the conditional discharge for a minimum of 12 months.
(2) The court may hold a hearing on the petition on its own motion or upon request of the prosecutor or the defendant.
(3) The court may grant the petition if it finds that:
(a) termination of the remainder of the sentence is in the best interests of the defendant and society;
(b) termination of the remainder of the sentence will not present an unreasonable risk of danger to the victim of the offense; and
(c) the defendant has paid all restitution and court-ordered financial obligations in full.
History: En. Sec. 1, Ch. 515, L. 2007.