§706-605.1  Intermediate sanctions;
eligibility; criteria and conditions.  (1)  The judiciary shall implement
alternative programs that place, control, supervise, and treat selected
defendants in lieu of a sentence of incarceration.



(2)  Defendants may be considered for
sentencing to alternative programs if they:



(a) Have not been convicted of a non-probationable
class A felony; and



(b) Have not, within the previous five years, been
convicted of a crime involving serious bodily injury or substantial bodily
injury as defined by chapter 707.



(3)  A defendant may be sentenced by a
district, family, or circuit court judge to alternative programs.



(4)  As used in this section, "alternative
programs" means programs that, from time to time, are created and funded
by legislative appropriation or federal grant naming the judiciary or one of
its operating agencies as the expending agency and that are intended to provide
an alternative to incarceration.  Alternative programs may include:



(a) House arrest, or curfew using electronic
monitoring and surveillance, or both;



(b) Drug court programs for defendants with assessed
alcohol or drug abuse problems, or both;



(c) Therapeutic residential and nonresidential
programs, including secure drug treatment facilities;



(d) A program of regimental discipline pursuant to
section 706-605.5; and



(e) Similar programs created and designated as
alternative programs by the legislature or the administrative director of the
courts for qualified defendants who do not pose significant risks to the
community. [L Sp 1995, c 25, §4; am L Sp 2009, c 4, §2]



 



Cross References



 



  Similar provisions, see §§353-10.5 and 353-63.5.



 



COMMENTARY ON §706-605.1



 



  Act 25, Special Session Laws 1995, added this section, which
requires the judiciary to implement alternative programs that place, control,
supervise, and treat selected defendants in lieu of an incarceration sentence. 
The legislature addressed the problem of prison overcrowding by, inter alia,
providing for the implementation of alternatives to incarceration that do not
undermine public safety.  House Standing Committee Report No. 23-S, Senate
Standing Committee Report No. 2-S (1995 Special Session).  See also Conference
Committee Report No. 122, Senate Bill No. 82 (vetoed).



  Act 4, Special Session Laws 2009, amended this section,
authorizing the placement of certain drug offenders in secure drug treatment
facilities, to promote the rehabilitation of convicted drug offenders through
alternatives to incarceration.  The legislature found that providing convicted
drug offenders with drug rehabilitation programs in a secure drug treatment
facility would reduce the offenders' rate of recidivism upon release and help
the offenders develop an important and meaningful role in society.  Senate Standing
Committee Report No. 1285, Conference Committee Report No. 25.