46-18-225. Criteria for sentencing nonviolent felony offenders. Prior to sentencing a nonviolent felony offender to whom 46-18-219 does not apply to a term of imprisonment in a state prison, the court shall take into account whether:
     (1) the interests of justice and the needs of public safety truly require the level of security provided by imprisonment of the offender in a state prison;
     (2) the needs of the offender can be better served in the community or in a facility or program other than a state prison;
     (3) there are substantial grounds tending to excuse or justify the offense, though failing to establish a defense;
     (4) the offender acted under strong provocation;
     (5) the offender has made restitution or will make restitution to the victim of the offender's criminal conduct;
     (6) the offender has no prior history of conviction for a criminal act or has led a law-abiding life for a substantial period of time before the commission of the present crime;
     (7) the offender's criminal conduct was the result of circumstances that are unlikely to recur;
     (8) the character and attitude of the offender indicate that the offender is likely to commit another crime;
     (9) the offender is likely to respond quickly to correctional or rehabilitative treatment; and
     (10) imprisonment of the offender would create an excessive hardship on the offender or the offender's family.

     History: En. Sec. 4, Ch. 794, L. 1991; amd. Sec. 66, Ch. 10, L. 1993; amd. Sec. 15, Ch. 482, L. 1995; amd. Sec. 215, Ch. 546, L. 1995; amd. Sec. 7, Ch. 189, L. 1997.