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Subchapter 1 - General Provisions
§ 5-4-101. Definitions - As used in this chapter: (1) (A) “Imprisonment” means: (i)...
§ 5-4-102. Presentence investigation - (a) If punishment is fixed by the court, the court...
§ 5-4-103. Sentencing — Role of jury and court - (a) If a defendant is charged with a felony and...
§ 5-4-104. Authorized sentences generally - (a) No defendant convicted of an offense shall be sentenced...
§ 5-4-106. Extended post-conviction no contact order - (a) As used in this section: (1) “Extended post-conviction no...
§ 5-4-107. Extended supervision and monitoring for certain sex offenders - (a) (1) The Division of Correction within one hundred twenty...
§ 5-4-108. Sentencing for person who committed an offense when he or she was less than 18 years of age - A defendant shall not be sentenced to death or life...
§ 5-4-109. Sentencing for sex offense - A person who is convicted of an offense for which...
Subchapter 2 - Fines, Costs, and Restitution
§ 5-4-201. Fines — Limitations on amount - (a) A defendant convicted of a felony may be sentenced...
§ 5-4-202. Alternative sentence prohibited — Time of payment - (a) If the defendant is sentenced to pay a fine...
§ 5-4-204. Collection after default - (a) When a defendant sentenced to pay a fine or...
§ 5-4-205. Restitution - (a) (1) A defendant who is found guilty or who...
§ 5-4-206. Collection of unpaid restitution — Interception of state income tax returns - (a) As used in this section, “restitution order” means a...
Subchapter 3 - Suspension or Probation
§ 5-4-301. Crimes for which suspension or probation prohibited — Criteria for suspension or probation in other cases - (a) (1) A court shall not suspend imposition of sentence...
§ 5-4-302. Effect of noncode statutes - When a defendant who pleads or is found guilty of...
§ 5-4-303. Conditions of suspension or probation - (a) If a court suspends imposition of sentence on a...
§ 5-4-304. Confinement as condition of suspension or probation - (a) If a court suspends the imposition of sentence on...
§ 5-4-305. Effect on appeal - (a) If a court suspends imposition of sentence on a...
§ 5-4-306. Time period generally - If a court suspends imposition of sentence on a defendant...
§ 5-4-307. Time period — Calculation - (a) Except as provided in subsection (c) of this section,...
§ 5-4-312. Presentence investigation — Placement in a community correction program - (a) (1) A court may require that either a presentence...
§ 5-4-313. Placement in a drug treatment program — Drug court alternative - If a judicial district has one (1) or more of...
§ 5-4-320. Certain convicted felons to observe operations of correctional facility - (a) Any person who pleads guilty or nolo contendere or...
§ 5-4-321. Judgment in certain misdemeanor traffic cases — Postponement - (a) In a misdemeanor traffic case, other than a case...
§ 5-4-322. District court or city court — Probation — Fees and fines authorized - (a) (1) A district court or city court may: (A)...
§ 5-4-323. Additional conditions — High school diploma or high school equivalency diploma — Employment training - (a) (1) As an additional requirement for suspension of sentence...
Subchapter 4 - Imprisonment
§ 5-4-401. Sentence - (a) A defendant convicted of a felony shall receive a...
§ 5-4-402. Place of imprisonment - (a) Except as provided in §§ 5-4-304 and 16-93-708, a...
§ 5-4-403. Multiple sentences — Concurrent and consecutive terms - (a) When multiple sentences of imprisonment are imposed on a...
§ 5-4-404. Credit for time spent in custody - If a defendant is held in custody for conduct that...
Subchapter 5 - Extended Term of Imprisonment
§ 5-4-501. Habitual offenders — Sentencing for felony - (a) (1) A defendant meeting the following criteria may be...
§ 5-4-502. Habitual offenders — Sentencing procedure - The following procedure governs a trial at which a sentence...
§ 5-4-503. Habitual offenders — Previous conviction in another jurisdiction - For purposes of § 5-4-501, a conviction or finding of...
§ 5-4-504. Habitual offenders — Proof of previous conviction - (a) A previous conviction or finding of guilt of a...
Subchapter 6 - Trial and Sentence — Capital Murder
§ 5-4-601. Legislative intent - (a) In enacting this subchapter, it is the intent of...
§ 5-4-602. Capital murder charge — Trial procedure - The following procedures govern a trial of a person charged...
§ 5-4-603. Findings required for death sentence — Harmless error review - (a) The jury shall impose a sentence of death if...
§ 5-4-604. Aggravating circumstances - An aggravating circumstance is limited to the following: (1) The...
§ 5-4-605. Mitigating circumstances - A mitigating circumstance includes, but is not limited to, the...
§ 5-4-606. Life imprisonment without parole - A person sentenced to life imprisonment without parole shall: (1)...
§ 5-4-607. Application for executive clemency — Regulations - (a) The pardon of a person convicted of capital murder,...
§ 5-4-608. Waiver of death penalty - (a) If a defendant is charged with capital murder, with...
§ 5-4-615. Conviction — Punishments - A person convicted of a capital offense shall be punished...
§ 5-4-616. Procedures following remand of capital case after vacation of death sentence — Retroactive application - (a) Notwithstanding § 5-4-602(3) that requires that the same jury...
§ 5-4-617. Method of execution - (a) The Division of Correction shall carry out the sentence...
§ 5-4-618. Defendants with intellectual disabilities - (a) (1) As used in this section, “intellectual disabilities” means:...
Subchapter 7 - Enhanced Penalties for Certain Offenses
§ 5-4-701. Definitions - As used in this subchapter: (1) “Child” means a person...
§ 5-4-702. Enhanced penalties for offenses committed in presence of a child - (a) A person who commits any of the following offenses...
§ 5-4-703. Additional fine — Offense committed against a child or in the presence of a child - (a) In addition to any other sentence, the court shall...
§ 5-4-704. Sentence enhancement for offense targeting current or former law enforcement officer, first responder, or family member of current or former law enforcement officer or first responder - (a) A person is subject to an enhanced sentence under...
§ 5-4-705. Sentence enhancement for offense targeting railroad or public transit employee - (a) A person is subject to an enhanced sentence under...
§ 5-4-706. Local cybercrime fee - (a) As used in this section, “applicable felony” means: (1)...
§ 5-4-707. Additional term of imprisonment for offense constituting violence against church or other place of worship - (a) As used in this section, “serious felony involving violence”...
Subchapter 8 - Sentencing Alternative — Community Service Work
§ 5-4-801. Definitions - As used in this subchapter: (1) “Community work project” means...
§ 5-4-802. Rules - The Board of Corrections shall promulgate necessary rules to be...
§ 5-4-803. Procedure - (a) A court may sentence an eligible offender under this...
§ 5-4-804. Medical treatment and costs - The state is responsible for the cost of medical treatment...
§ 5-4-805. Reimbursement for housing eligible offenders - The state shall reimburse a county for housing an eligible...
Subchapter 9 - Sentencing Alternative — Pre-adjudication Probation
§ 5-4-901. Legislative intent - The intent of this act is to provide the judiciary...
§ 5-4-902. Definitions - As used in this subchapter, “pre-adjudication” means the period of...
§ 5-4-903. Program authorized - (a) (1) Each judicial district of this state may establish...
§ 5-4-904. Eligibility - (a) The judicial district in which a person is charged...
§ 5-4-905. Sanctions - (a) (1) A pre-adjudication probation program judge may impose sanctions...
§ 5-4-906. Record sealing upon completion - (a) A pre-adjudication probation program judge, on his or her...
§ 5-4-907. Cost, fees, and restitution - (a) The pre-adjudication probation program judge may order the offender...
§ 5-4-908. Program operation - (a) (1) A pre-adjudication probation program may require a separate...
§ 5-4-909. Administrative Office of the Courts - The Administrative Office of the Courts shall: (1) Serve as...
§ 5-4-910. Disposition of court costs and user fees - (a) All court costs and pre-adjudication probation program user fees...
§ 5-4-911. Required resources - Each pre-adjudication probation program established under this subchapter, subject to...
§ 5-4-912. Collection of data — Reporting requirement - (a) (1) A pre-adjudication probation program shall collect and provide...
§ 5-4-913. Education screening - A person eligible to enter a pre-adjudication program under this...