[§706-605.5]  Program of regimental
discipline.  (1)  The department of public safety is authorized to
implement a rigorous offender program based on regimental discipline. 
Participants shall undergo a regimen of hard work, physical training, intensive
counseling, and educational and treatment programs within a highly structured
and motivational environment.  The program shall be available to defendants and
committed persons who:



(a) Have not been convicted of a class A felony;



(b) Are not considered violent;



(c) Are chosen by the director of public safety;



(d) Are in good physical condition;



(e) Have not been previously sentenced to an
indeterminate term of imprisonment; and



(f) Are willing to participate in the program.



(2)  The court, with the approval of the
director of public safety, may order a defendant to satisfactorily complete a
program of regimental discipline of not less than ninety days before the court
sentences a defendant or as a condition of probation or a deferred acceptance
of guilty plea.



(3)  If a defendant is ordered to complete a
program, the director of public safety shall certify to the court whether the
defendant completed the program satisfactorily.  If the defendant fails to
complete the program satisfactorily as a condition of a deferred acceptance of
guilty plea, such a failure shall be considered in accordance with section
853-3.  If a defendant fails to complete the program satisfactorily as a
condition of probation, such a failure shall be considered in accordance with
section 706-625. [L 1993, c 338, §2]



 



COMMENTARY ON §706-605.5



 



  Act 338, Session Laws 1993, added this section to authorize
the department of public safety to implement a rigorous offender program based
on regimental discipline.  The legislature, which is concerned with the problem
of prison overcrowding, found that the program established by this section is a
viable alternative to incarceration for first-time offenders, who are more
likely to respond to rehabilitative efforts.  Conference Committee Report No.
212.