A. In every case where the commitment of a person to the department is contemplated by a sentencing judge and the offender meets criteria for placement in community corrections, the adult probation and parole division of the department shall, at the request of the judge, prepare a report containing a recommendation regarding a community corrections placement or complete a diagnostic evaluation containing the recommendation of the department regarding that placement, including a statement that the criminal offender has been approved for a program. The sentencing judge shall consider the report or evaluation prior to making the commitment.
B. At a sentencing hearing, if a judge of a court of competent jurisdiction determines that placement in community corrections is appropriate, the judge shall defer or suspend the sentence and, as a condition of probation, require an individual to serve a period of time in a community corrections program.
History: Laws 1983, ch. 202, § 9; 1987, ch. 341, § 4; 1988, ch. 101, § 38; 1989, ch. 219, § 8; 2013, ch. 165, § 3.
ANNOTATIONSThe 2013 amendment, effective July 1, 2013, clarified provisions relating to placement of offenders; in the title, added "placement of offender"; and in Subsection A, after "community corrections", deleted "a report shall be prepared by", after "division of the department", added "shall, at the request of the judge, prepare a report", after "corrections placement or", added "complete", after "diagnostic evaluation", deleted "shall be completed by the department", and after "approved for a program", deleted "by the state or local selection committee".
The 1989 amendment, effective July 1, 1989, in Subsection A restructured the former single sentence into two sentences, and substituted "adult probation and parole division" for "field services division" in the first sentence while adding all of the language of that sentence beginning with "including".