53-30-321. Authority of judge to utilize community corrections facilities or programs -- restrictions. (1) Subject to the restrictions contained in subsection (2), a judge may order placement of an offender in a community corrections facility or program operated by a unit of local government, a tribal government, or a nongovernmental agency.
(2) 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 a sentence, an offender shall serve the remainder of the sentence under normal probation supervision, if applicable.
(3) An offender is not eligible for parole while serving a sentence in a community corrections facility or program.
(4) 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; amd. Sec. 12, Ch. 322, L. 1997.
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