(4)8 Suspended Sentences

(4)8 Suspended Sentences

This chapter provides guidelines for courts to follow during sentencing in regards to suspended sentences.

(4)8.1 Applicability

Courts shall hold discretion in determining if a suspended sentence is a justified sentence in any particular case.

(4)8.1.1 Limitations

(a)The following offenses do not qualify for a suspended sentence under any conditions:

1. (6)2.1.1 Capital Murder
2. (6)5.1.3 Driving Under the Influence, Repeat Offenses
3. (6)7.1.1 Bail Jumping
4. (6)7.1.2 Escape in the First Degree
5. (6)7.1.3 Escape in the Second Degree
6. Any offense greater than a Class B Felony
7. Any offense with a victim under age 18

(b) A court shall not order a suspended sentence if the defendant, as of the date of sentencing:

1. Has more than 3 felony convictions in the last 15 years.
2. Is already serving time in a state prison or penitentiary for a felony crime.
3. Has a historical, documented past of failing to comply with orders or conditions set by the court, similar to those that would be included as a part of such suspended sentence.

(4)8.1.2 Scope

(a) Courts shall still adhere to the Sentencing Guidelines in accordance with Title 4, Chapter 7.

(b) A court may order relevant conditions to be followed by the defendant for the duration of the suspended sentence, such as:

1. Mental health, parenting, anger management, DUI, or other relevant courses, classes or programs.
2. No new violations of criminal law
3. Drug and alcohol testing
4. Routine check ins with an authorized party
5. Supervision by a probation officer
6. Abstinence from any intoxicants including drugs and alcohol
7. No operating motor vehicles on public roadways
8. No contact with victims, co-defendants, jurors, witnesses, or other relevant parties
9. Use of an ignition interlock device
10. No use of electronics (or use only under supervision)

(c) A suspended sentence stays whole and active until the duration of the sentence is completed.

(4)8.2 Violations of Suspended Sentence

Upon findings that the conditions of a suspended sentence have been violated, a court is to promptly hold a Violation Hearing to review the matter.

(a) If violation does not involve a new criminal offense:

1. The court may order revocation of the suspended sentence, ordering the sentence be served instead in detention or a state prison or penitentiary. The time the defendant has spent not in detention during the suspended sentence does not count as time served for the purposes of this section.
2. The court may order a period of detention up to 120 days followed by a continuation of the suspended sentence.
3. The court may disregard the violation and continue the suspended sentence.

(b) If the violation involves a new criminal offense:

1. The court may order revocation of the suspended sentence, ordering the sentence be served instead in detention or a state prison or penitentiary. The time the defendant has spent not in detention during the suspended sentence does not count as time served for the purposes of this section.
2. The court may order a period of indefinite detention until the resolution of pending charges.
3. The court may order the release or order bail ahead of trial if the defendant is low-risk and the charge is not of a serious and violent nature.