Title 42, Chapter 8, Section 35.1
( 42-8-35.1)
(a) In addition to any other terms or conditions of probation
provided for under this chapter, the trial judge may provide that
probationers sentenced for felony offenses committed on or after
July 1, 1993, to a period of time of not less than one year on
probation as a condition of probation must satisfactorily complete a
program of confinement in a "special alternative
incarceration--probation boot camp" unit of the department for a
period of 120 days computed from the time of initial confinement in
the unit; provided, however, the department may release the
defendant upon service of 90 days in recognition of excellent
behavior. (b) Before a court can place this condition upon the sentence, an
initial investigation will be completed by the probation officer
which will indicate that the probationer is qualified for such
treatment in that the individual does not appear to be physically or
mentally disabled in a way that would prevent him from strenuous
physical activity, that the individual has no obvious contagious
diseases, that the individual is not less than 17 years of age nor
more than 30 years of age at the time of sentencing, and that the
department has granted provisional approval of the placement of the
individual in the "special alternative incarceration--probation boot
camp" unit. (c) In every case where an individual is sentenced under the terms
of this Code section, the sentencing court shall, within its
probation order, direct the department to arrange with the sheriff's
office in the county of incarceration to have the individual
delivered to a designated unit of the department within a specific
date not more than 15 days after the issuance of such probation
order by the court. (d) At any time during the individual's confinement in the unit, but
at least five days prior to his expected date of release, the
department will certify to the trial court as to whether the
individual has satisfactorily completed this condition of probation. (e) Upon the receipt of a satisfactory report of performance in the
program from the department, the trial court shall release the
individual from confinement in the "special alternative
incarceration--probation boot camp" 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. (f) The satisfactory report of performance in the program from the
department shall, in addition to the other requirements specified in
this Code section, require participation of the individual confined
in the unit in such adult education courses necessary to attain the
equivalency of a grade five competency level as established by the
State Board of Education for elementary schools. Those individuals
who are mentally disabled as determined by initial testing are
exempt from mandatory participation. After the individual is
released from the unit, it shall be a special condition of probation
that the individual participate in an education program in the
community until grade five level competency is achieved or active
probation supervision terminates. It shall be the duty of the
department to certify to the trial court that such individual has
satisfactorily completed this condition of probation while on active
probation supervision. The receipt of an unsatisfactory report may
be grounds for revocation of the probated sentence as would any
other violation of a condition or term of probation. Under certain
circumstances, the probationer may be exempt from this requirement
if it is determined by the probation officer that community
education resources are inaccessible to the probationer. |