§ 18-1-030. Suspension of sentence; conditional discharge; probation.

(a)

The municipal court may, upon entry of a plea of guilty or judgment or conviction:

(1)

Suspend in whole or part the execution of sentence; or

(2)

Enter a conditional discharge in accordance with subsection (c) of this section; or

(3)

Place the defendant on probation for a period not exceeding one year on terms and conditions the court deems best; or any combination of the above.

(b)

Suspension of execution of the sentence or probation, or both, shall be granted only when the municipal judge is satisfied it will serve the ends of justice and of the public, and that the defendant's liability for any fine or other punishment imposed is fully discharged upon successful completion of the terms and conditions of probation.

(c)

Conditional discharges.

(1)

When a person who has not been previously convicted of a felony offense is found guilty of a crime for which a deferred or suspended sentence is authorized, the court may, without entering an adjudication of guilt, enter a conditional discharge order and place the person on probation.

(2)

A conditional discharge entered by the municipal court shall be granted only if the person has not been previously convicted of a felony offense, if the entry of a deferred or suspended sentence would be authorized for the offense and, if good cause exists for the entry of a conditional discharge.

(3)

A conditional discharge may be made by the municipal court only once with respect to any person during that person's lifetime.

(4)

A conditional discharge may not be entered for any offense of DWI by the municipal court.

(5)

If a conditional discharge is entered by the municipal court, the court shall not collect court costs.

(Code 1960, § 1-14-11; Ord. 314, 12-20-61; Ord. No. 1525 , 8-23-16)