TITLE 19

CRIMINAL PROCEDURE

CHAPTER 25

JUDGMENT

19-2521.  sentencing Criteria for placing defendant on probation or imposing imprisonment. (1) The policy of the state of Idaho regarding sentencing of persons convicted of a crime is as follows, unless otherwise provided by law:

(a)  The sentencing court should first consider placement in the community. The goals of sentencing include the primary consideration of the protection of society, followed by the possibility of risk reduction through rehabilitation, deterrence of the individual and the public generally, and punishment or retribution for wrongdoing and the impact on the victim; and

(b)  Each discretionary sentence should be specifically tailored to the individual defendant and take into account the totality of all relevant facts and circumstances.

(2)  The following factors, 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’s criminogenic needs indicate that the defendant will benefit from supervision and treatment in the community;

(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; and

(j)  The defendant demonstrates amenability to treatment.

(3)  The following factors, while not controlling the discretion of the court, shall be accorded weight in favor of a sentence of imprisonment:

(a)  There is undue risk that during the period of a suspended sentence or probation the defendant will commit another crime harmful to another person;

(b)  A lesser sentence will depreciate the seriousness of the defendant’s crime;

(c)  Imprisonment will provide appropriate punishment and deterrent to the defendant;

(d)  Imprisonment will provide an appropriate deterrent for other persons in the community; and

(e)  The defendant is a multiple offender or professional criminal.

(4)  As used in this section, "criminogenic needs" means those dynamic factors associated with the likelihood of reoffending but that may be changed through effective intervention.

History:

[(19-2521) 19-2520 added 1977, ch. 46, sec. 1, p. 85; am. and redesig. 1993, ch. 86, sec. 1, p. 215; am. and redesig. 1993, ch. 101, sec. 1, p. 255; am. 2014, ch. 150, sec. 2, p. 414; am. 2020, ch. 210, sec. 1, p. 616.]