40-28-130 - Special alternative incarceration. - Tennessee Statutes

40-28-130. Special alternative incarceration.

(a)  In addition to any other terms or conditions of probation provided for under this chapter, the trial judge may provide that probationers sentenced to a period of time of not less than one (1) year nor more than six (6) years on probation as a condition of probation must satisfactorily complete a program of incarceration in a special alternative incarceration unit of the board for a period of ninety (90) days from the time of initial incarceration in the unit. Notwithstanding any other provision of the law to the contrary, these probationers shall not be entitled to have their time in the special alternative incarceration unit reduced by sentence credits of any sort.

(b)  Before a court can place this condition upon the sentence, the director of probation must certify to the sentencing court that the probationer is qualified for the treatment in that the individual is not physically or mentally handicapped in a way that would prevent the individual from strenuous physical activity, that the individual has no obvious contagious diseases, that the individual is not less than seventeen (17) years of age nor more than twenty-five (25) years of age at the time of sentencing, and that the board has approved the placement of the individual in the special alternative incarceration unit.

(c)  In every case where an individual is sentenced under the terms of this section, the clerk of the sentencing court shall, within five (5) working days, mail to the board a certified copy of the sentence and indictment, a personal history statement, and an affidavit of the custodian provided by the sheriff of the county.

(d)  The board will arrange with the sheriff's office in the county of incarceration to have the individual delivered to the designated facility within a specific date not less than fifteen (15) days after receipt by the board of the documents provided by the clerk of the court under this section.

(e)  At any time during the individual's incarceration in the unit, but at least five (5) days prior to the individual's expected date of release, the board will certify to the trial court as to whether the individual has satisfactorily completed this condition of probation.

(f)  Upon the receipt of a satisfactory report of performance in the program from the board, the trial court shall release the individual from confinement in the special alternative incarceration unit. However, the receipt of an unsatisfactory report will be grounds for revocation of the probated sentence as would any other violation of a condition or term of probation.

(g)  (1)  The provisions of this section shall be subject to funding availability and availability of a suitable facility within the board.

     (2)  The board is directed to consider the feasibility of incorporating the alternative program authorized by this section into one (1) of the board's planned new maximum security facilities.

(h)  Nothing in this section shall be construed to limit the current authority of a trial judge to sentence a defendant to an initial period of incarceration at a jail or workhouse as a condition of probation in accordance with the provisions of the Criminal Sentencing Reform Act of 1982 [repealed] or the Criminal Sentencing Reform Act of 1989, where applicable, compiled in chapter 35 of this title, or in conjunction with a community based program in accordance with the provisions of the Tennessee Community Corrections Act of 1985, compiled in chapter 36 of this title.

[Acts 1986, ch. 916, §§ 1-3; 1998, ch. 1049, § 24.]