Chapter 35 - Criminal Sentencing Reform Act of 1989
- Part 1 - General Provisions
- 40-35-101 - Short title.
- 40-35-102 - Purposes.
- 40-35-103 - Sentencing considerations.
- 40-35-104 - Sentencing alternatives.
- 40-35-105 - Standard offender.
- 40-35-106 - Multiple offender.
- 40-35-107 - Persistent offender.
- 40-35-108 - Career offender.
- 40-35-109 - Especially mitigated offender.
- 40-35-110 - Classification of offenses.
- 40-35-111 - Authorized terms of imprisonment and fines for felonies and misdemeanors.
- 40-35-112 - Sentence ranges.
- 40-35-113 - Mitigating factors.
- 40-35-114 - Enhancement factors.
- 40-35-115 - Multiple convictions.
- 40-35-116 - Revocation of bail on conviction.
- 40-35-117 - Applicability of chapter.
- 40-35-118 - Classification of prior felony offenses.
- 40-35-119 - Classification of prior unclassified felony offenses.
- 40-35-120 - Repeat violent offenders
- 40-35-121 - Criminal gang offenses Enhanced punishment Procedure.
- Part 2 - Procedure for Imposing Sentence
- 40-35-201 - Issue of guilt and sentence to be tried separately Instructing jury on possible sentences.
- 40-35-202 - Notice of intent to seek enhanced punishment Statement of enhancement and mitigating factors.
- 40-35-203 - Court to impose sentence Exceptions.
- 40-35-204 - Presentence service officers.
- 40-35-205 - Presentence investigation Physical or mental examination of defendant.
- 40-35-206 - [Reserved.]
- 40-35-207 - Presentence report Contents.
- 40-35-208 - Filing of report Availability to parties.
- 40-35-209 - Sentencing hearing Transfer of report to department of correction or local jail or workhouse Form of judgment of conviction.
- 40-35-210 - Imposition of sentence Evidence to be considered Presumptive sentence Sentence explanation.
- 40-35-211 - Court to impose determinate sentences only.
- 40-35-212 - Court to determine location and conditions of sentence Probation Retention of jurisdiction during sentence.
- 40-35-213 - Eligibility for work release program.
- 40-35-214 - Transfer from county for plea and sentence.
- 40-35-215 - Sentence calculation.
- 40-35-216 - First hours served hour for hour.
- Part 3 - Sentences
- 40-35-301 - Fixing of fine by court or jury.
- 40-35-302 - Misdemeanor sentencing Rehabilitative program credits Probation Supervision of defendants on probation.
- 40-35-303 - Probation Eligibility Terms.
- 40-35-304 - Restitution as condition for probation Petition to modify Civil judgment for non-payment Procedure.
- 40-35-305 - Appearance bond.
- 40-35-306 - Split confinement Probation following partial service of sentence.
- 40-35-307 - Probation coupled with periodic confinement.
- 40-35-308 - Modification, removal or release from conditions of probation.
- 40-35-309 - Probation authorized outside jurisdiction of court Transfer or retention of jurisdiction.
- 40-35-310 - Revocation of suspension of sentence Resentence to community-based alternative to incarceration.
- 40-35-311 - Procedure to revoke suspension of sentence or probation.
- 40-35-312 - Costs of revocation proceeding.
- 40-35-313 - Probation Conditions Discharge Expunction from official records.
- 40-35-314 - Confinement in local jail or workhouse Eligibility Jurisdiction of sentencing court Transfer for violation of jail rules.
- 40-35-315 - Jurisdiction of sentencing court to order work release.
- 40-35-316 - Jurisdiction of sentencing court to grant furloughs.
- 40-35-317 - Institutional disciplinary rules Punishment for violations.
- 40-35-318 - Institutional rehabilitation programs Eligibility.
- 40-35-319 - Place of confinement if not otherwise provided for Finality of judgment.
- 40-35-320 - Restitution to the state.
- 40-35-321 - Collection of biological specimens for DNA analysis Persons convicted of certain offenses Condition of release from imprisonment.
- Part 4 - Appeal of Sentence
- Part 5 - Release and Parole
- 40-35-501 - Release eligibility status Calculations.
- 40-35-502 - Conversion of fractions in calculations.
- 40-35-503 - Authority to determine release status of felon Grounds for denying release status Hearings Parole potential.
- 40-35-504 - Release classification status programs Parole Penalty for violation of parole.
- 40-35-505 - Orientation to post-release or parole issues.