Chapter 10. Sentence and Punishment

Article 1. Procedure For Sentencing and Imposition of Punishment

• § 17-10-1. Fixing of Sentence; Suspension Or Probation of Sentence; Change In Sentence; Eligibility For Parole; Prohibited Modifications; Exceptions
• § 17-10-1.1. Judicial Consideration of Victim Impact Statement; Form Document; Manner of Rebuttal; Effect of Noncompliance; No Creation of Cause of Action Or Right of Appeal
• § 17-10-1.2. Oral Victim Impact Statement; Presentation of Evidence; Cross-Examination and Rebuttal By Defendant; Effect of Noncompliance; No Creation of Cause of Action Or Right of Appeal
• § 17-10-1.3. Lawful Presence In United States
• § 17-10-2. Conduct of Presentence Hearings In Felony Cases; Effect of Reversal For Error In Presentence Hearing
• § 17-10-3. Punishment For Misdemeanors Generally
• § 17-10-3.1. Punishment For Violations of Code Section 40-6-391
• § 17-10-4. Punishment For Misdemeanors of a High and Aggravated Nature
• § 17-10-5. Imposition of Misdemeanor Punishment For Felonies Punishable By Imprisonment For Term of Ten Years Or Less
• § 17-10-6.3. Review of Sentence By Three Judge Panel
• § 17-10-6. Reserved
• § 17-10-6.1. Punishment For Serious Violent Offenders
• § 17-10-6.2. Punishment For Sex Offenders
• § 17-10-7. Punishment of Repeat Offenders; Punishment and Eligibility For Parole of Persons Convicted of Fourth Felony Offense
• § 17-10-8.1. Defense Fee a Condition of Probation
• § 17-10-8. Requirement of Payment of Fine As Condition Precedent to Probation; Rebate Or Refund of Fine Upon Revocation of Probation
• § 17-10-9. Specification By Judge Imposing Sentence of Time From Which Penal Sentence to Run; Effect of Appeal
• § 17-10-9.1. Voluntary Surrender to County Jail Or Correctional Institution; Release of Defendant
• § 17-10-10. Concurrent Sentences
• § 17-10-11. Credit For Time In Confinement Awaiting Trial Or Resulting From a Court Order - Granting Generally; Use In Determining Parole Eligibility; Applicability of Code Section
• § 17-10-12. Credit For Time In Confinement Awaiting Trial Or Resulting From a Court Order - Affidavit Specifying Number of Days Spent In Confinement; Disposition of Affidavit; Granting of Credit to Defendant
• § 17-10-13. Legal Adjudication of Guilt In Court Having Jurisdiction to Precede Assessment of Punishment
• § 17-10-14. Committal of Person Under 17 Convicted of Felony; Sentencing of Certain Juveniles to Department of Corrections
• § 17-10-15. Aids Transmitting Crimes; Requiring Defendant to Submit to Hiv Test; Report of Results
• § 17-10-16. Sentence to Imprisonment For Life Without Parole Authorized; Ineligibility For Parole Or Leave Programs
• § 17-10-17. Sentencing of Defendants Guilty of Crimes Involving Bias Or Prejudice; Circumstances; Parole
• § 17-10-18. Notification to Seek Enhanced Penalty
• § 17-10-19. Determination of Defendant's Guilt; Object of the Offense; Enhancement of Sentence
• § 17-10-20. Effect of Fine Or Restitution

Article 2. Death Penalty Generally

• § 17-10-30. Procedure For Imposition of Death Penalty Generally
• § 17-10-30.1. [Repealed]
• § 17-10-31. Requirement of Jury Finding of Aggravating Circumstance and Recommendation of Death Penalty Prior to Imposition
• § 17-10-31.1. [Repealed]
• § 17-10-32. Sentencing of Person Indicted For Capital Offense to Life Imprisonment Or Other Punishment Upon Plea of Guilty
• § 17-10-32.1. [Repealed]
• § 17-10-33. Imposition of Sentence of Death Upon Judgment of Death; to Whom Copies of Sentence Sent; Conveying Defendant to State Correctional Institution; Expenses of Transporting Defendant
• § 17-10-34. Sentence to Specify Time Period For and Place of Execution; Appointing Time Period For Execution of Pregnant Female
• § 17-10-35. Review of Death Sentences By Supreme Court; Forwarding of Record and Transcript; Scope of Review; Written Briefs and Oral Argument; Similar Cases to Be Included In Decision; Direct Appeal to Be Consolidated With Sentence Review
• § 17-10-35.1. Review of Pretrial Proceedings In Cases In Which Death Penalty Is Sought; Reports Investigating Existence of Reversible Error; Transmittal of Reports to Supreme Court; Supreme Court Orders Regarding Review; Assistance of Attorney General; Res Judicata; Applicability; Waiver of Rights
• § 17-10-35.2. Hearing to Determine Appropriateness of Interim Appellate Review of Pretrial Rulings
• § 17-10-36. Establishment of Unified Review Procedure By Supreme Court; Effect On Habeas Corpus
• § 17-10-37. Appointment of Assistant to Supreme Court to Provide Information From Prior Capital Cases; Employment of Staff to Compile Data; Attachment For Administrative Purposes of Office of Assistant to Office of Clerk of Supreme Court
• § 17-10-38. Death Sentences Generally
• § 17-10-39. Procedure For Determination If Female Sentenced to Death Is Pregnant; Suspension of Execution of Sentence; Issuance of New Order For Execution of Sentence; Entry of Order Upon Minutes of Court
• § 17-10-40. Change of Time Period For Execution Where Time Period Set For Execution Has Passed Generally; Recordation On Court Minutes; Length of and Time Limitation For New Time Period For Execution; Setting of Day and Time For Execution By Department of Corrections
• § 17-10-41. Persons Required to Be Present At Executions
• § 17-10-42. Preparation and Filing of Certification of Execution
• § 17-10-42.1. Participation By Physician Or Medical Professional
• § 17-10-43. Disposition of Body of Executed Person; Payment of Expenses of Transporting Body
• § 17-10-44. Death Chamber Apparatus, Machinery, and Appliances

Article 3. Mentally Incompetent to Be Executed

• § 17-10-60. "Mentally Incompetent to Be Executed" Defined
• § 17-10-61. No Execution Upon Determination of Mental Incompetency to Be Executed
• § 17-10-62. Exclusive Procedure For Challenging Mental Competency to Be Executed
• § 17-10-63. Filing of Application; Contents
• § 17-10-64. Service of Application
• § 17-10-65. Answer By Respondent
• § 17-10-66. Examination of Applicant
• § 17-10-67. When Application to Be Filed
• § 17-10-68. Proof; Disposition
• § 17-10-69. Prior Adjudication As Presumption of Mental Competency
• § 17-10-70. Appeals
• § 17-10-71. Procedure Upon Convicted Person's Regaining Mental Competency