2005 Idaho Code - 19-2521 — CRITERIA FOR PLACING DEFENDANT ON PROBATION OR IMPOSING IMPRISONMENT

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 25
                                   JUDGMENT
    19-2521.  CRITERIA FOR PLACING DEFENDANT ON PROBATION OR IMPOSING
IMPRISONMENT. (1) The court shall deal with a person who has been convicted of
a crime without imposing sentence of imprisonment unless, having regard to the
nature and circumstances of the crime and the history, character and condition
of the defendant, it is of the opinion that imprisonment is appropriate for
protection of the public because:
    (a)  There is undue risk that during the period of a suspended sentence or
    probation the defendant will commit another crime; or
    (b)  The defendant is in need of correctional treatment that can be
    provided most effectively by his commitment to an institution; or
    (c)  A lesser sentence will depreciate the seriousness of the defendant's
    crime; or
    (d)  Imprisonment will provide appropriate punishment and deterrent to the
    defendant; or
    (e)  Imprisonment will provide an appropriate deterrent for other persons
    in the community; or
    (f)  The defendant is a multiple offender or professional criminal.
    (2)  The following grounds, while not controlling the discretion of the
court, shall be accorded weight in favor of avoiding a sentence of
imprisonment:
    (a)  The defendant's criminal conduct neither caused nor threatened harm;
    (b)  The defendant did not contemplate that his criminal conduct would
    cause or threaten harm;
    (c)  The defendant acted under a strong provocation;
    (d)  There were substantial grounds tending to excuse or justify the
    defendant's criminal conduct, though failing to establish a defense;
    (e)  The victim of the defendant's criminal conduct induced or facilitated
    the commission of the crime;
    (f)  The defendant has compensated or will compensate the victim of his
    criminal conduct for the damage or injury that was sustained; provided,
    however, nothing in this section shall prevent the appropriate use of
    imprisonment and restitution in combination;
    (g)  The defendant has no history of prior delinquency or criminal
    activity or has led a law-abiding life for a substantial period of time
    before the commission of the present crime;
    (h)  The defendant's criminal conduct was the result of circumstances
    unlikely to recur;
    (i)  The character and attitudes of the defendant indicate that the
    commission of another crime is unlikely.
    (3)  When a person who has been convicted of a crime is not sentenced to
imprisonment, the court may place the defendant on probation if the
supervision, guidance, assistance or direction is needed that the probation
service has the resources to provide.