§706-622  Requirement of probation;
exception.  When a person who has been convicted of a felony is not
sentenced to imprisonment, the court shall place the person on probation. 
Nothing in this part shall prohibit the court from suspending any sentence imposed
upon persons convicted of a crime other than a felony. [L 1972, c 9, pt of §1;
am L 1986, c 314, §23; gen ch 1992]



 



COMMENTARY ON §706-622



 



  Once the decision has been made to withhold a sentence of
imprisonment, some criteria must be stated for choosing between suspending
sentence and sentencing the defendant to probation.  The Code favors placing
the defendant on probation if the defendant needs "the supervision,
guidance, assistance, or direction that the probation service can provide." 
In the case of defendants convicted of serious crimes, probation will be the
usual sentence (if imprisonment is withheld).  For those defendants convicted
of minor crimes (especially first offenders), a suspended sentence may suffice.