13-603

13-603. Authorized disposition of
offenders

A. Every person convicted of any offense defined in this title or defined outside
this title shall be sentenced in accordance with this chapter and chapters 7, 8 and 9 of
this title unless otherwise provided by law.

B. If a person is convicted of an offense, the court, if authorized by chapter 9 of
this title, may suspend the imposition or execution of sentence and grant such person a
period of probation except as otherwise provided by law. The sentence is tentative to
the extent that it may be altered or revoked in accordance with chapter 9 of this title,
but for all other purposes it is a final judgment of conviction.

C. If a person is convicted of an offense, the court shall require the convicted
person to make restitution to the person who is the victim of the crime or to the
immediate family of the victim if the victim has died, in the full amount of the economic
loss as determined by the court and in the manner as determined by the court or the
court's designee pursuant to chapter 8 of this title. Restitution ordered pursuant to
this subsection shall be paid to the clerk of the court for disbursement to the victim
and is a criminal penalty for the purposes of a federal bankruptcy involving the person
convicted of an offense.

D. If the court imposes probation it may also impose a fine as authorized by
chapter 8 of this title.

E. If a person is convicted of an offense and not granted a period of probation, or
when probation is revoked, any of the following sentences may be imposed:

1. A term of imprisonment authorized by this chapter or chapter 7 of this title.

2. A fine authorized by chapter 8 of this title. The sentence is tentative to the
extent it may be modified or revoked in accordance with chapter 8 of this title, but for
all other purposes it is a final judgment of conviction. If the conviction is of a class
2, 3 or 4 felony, the sentence cannot consist solely of a fine.

3. Both imprisonment and a fine.

4. Intensive probation, subject to the provisions of chapter 9 of this title.

5. Intensive probation, subject to the provisions of chapter 9 of this title, and a
fine.

6. A new term of probation or intensive probation.

F. If an enterprise is convicted of any offense, a fine may be imposed as
authorized by chapter 8 of this title.

G. If a person or an enterprise is convicted of any felony, the court may, in
addition to any other sentence authorized by law, order the forfeiture, suspension or
revocation of any charter, license, permit or prior approval granted to the person or
enterprise by any department or agency of the state or of any political subdivision.

H. A court authorized to pass sentence upon a person convicted of any offense
defined within or without this title shall have a duty to determine and impose the
punishment prescribed for such offense.

I. If a person is convicted of a felony offense and the court sentences the person
to a term of imprisonment, the court at the time of sentencing shall impose on the
convicted person a term of community supervision. The term of community supervision
shall be served consecutively to the actual period of imprisonment if the person signs
and agrees to abide by conditions of supervision established by the state department of
corrections. Except pursuant to subsection J, the term of community supervision imposed
by the court shall be for a period equal to one day for every seven days of the sentence
or sentences imposed.

J. In calculating the term of community supervision, all fractions shall be
decreased to the nearest month, except for a class 5 or 6 felony which shall not be less
than one month.

K. Notwithstanding subsection I, if the court sentences a person to serve a
consecutive term of probation immediately after the person serves a term of imprisonment,
the court may waive community supervision and order that the person begin serving the
term of probation upon the person's release from confinement. The court may
retroactively waive the term of community supervision or that part remaining to be served
if the community supervision was imposed before July 21, 1997. If the court waives
community supervision, the term of probation imposed shall be equal to or greater than
the term of community supervision that would have been imposed. If the court does not
waive community supervision, the person shall begin serving the term of probation after
the person serves the term of community supervision. The state department of corrections
shall provide reasonable notice to the probation department of the scheduled release of
the inmate from confinement by the department.

L. If at the time of sentencing the court is of the opinion that a sentence that
the law requires the court to impose is clearly excessive, the court may enter a special
order allowing the person sentenced to petition the board of executive clemency for a
commutation of sentence within ninety days after the person is committed to the custody
of the state department of corrections. If the court enters a special order regarding
commutation, the court shall set forth in writing its specific reasons for concluding
that the sentence is clearly excessive. The court shall allow both the state and the
victim to submit a written statement on the matter. The court's order, and reasons for
its order, and the statements of the state and the victim shall be sent to the board of
executive clemency.