53-30-321. Authority of judge to utilize community corrections facilities or programs -- procedure -- restrictions. (1) Subject to the restrictions contained in subsection (3), a judge may order placement of a nonviolent felony offender in a community corrections facility or program operated by a unit of local government, a tribal government, or a nongovernmental agency. If a judge orders placement of an offender in a community corrections facility or program, the judge shall indicate in the sentencing order that the offender would have been sentenced to prison if the community corrections facility or program had not been available.
     (2) Placement of an offender in a community corrections facility or program may be ordered only if:
     (a) the community corrections facility or program is operated by a unit of local government, a tribal government, or a nongovernmental agency that has entered into a contract or agreement with the department to provide community corrections services for offenders; and
     (b) funding for the placement is available.
     (3) A judge may not order placement of an offender in a residential community corrections facility or program for a period exceeding 1 year. After completing the residential community corrections portion of his sentence, an offender shall serve the remainder of his sentence under normal probation supervision, if applicable.
     (4) An offender is not eligible for parole while serving a sentence in a community corrections facility or program.
     (5) The probation and parole officers for the judicial district shall include in their presentence report to the sentencing judge recommendations for utilization of a community correctional facility or program that has been approved for use by the judicial district.

     History: En. Sec. 9, Ch. 554, L. 1991.