§ 5-4-402 - Place of imprisonment.
5-4-402. Place of imprisonment.
(a) Except as provided in 5-4-203, 5-4-304, and 16-93-708, a defendant convicted of a felony and sentenced to imprisonment shall be committed to the custody of the Department of Correction for the term of his or her sentence or until released in accordance with law.
(b) Except as provided in 16-93-708, a defendant convicted of a misdemeanor and sentenced to imprisonment shall be committed to the county jail or other authorized institution designated by the court for the term of his or her sentence or until released in accordance with law.
(c) Except as provided in 16-93-708, a defendant convicted of a violation of 5-64-401 shall be committed to the custody of the Department of Correction for the term of his or her sentence or until released in accordance with law.
(d) (1) (A) A juvenile sentenced in circuit court who is less than sixteen (16) years of age when sentenced shall be committed to the custody of the Division of Youth Services of the Department of Health and Human Services until his or her sixteenth birthday, at which time he or she shall be transferred to the Department of Correction, except as provided by court order or parole decision made by the Parole Board.
(B) Any record from the division shall be transferred to the Department of Correction at the time the juvenile is transferred.
(2) A juvenile less than sixteen (16) years of age who is awaiting transfer to the Department of Correction shall be segregated from the general delinquency population housed at the division.
(e) (1) With the consent and approval of the division, the Department of Correction may transfer from the Department of Correction to the division any inmate less than eighteen (18) years of age who, in the opinion of the Department of Correction and the division, is more suited and adaptable by age, physical size, and temperament to a program of the Department of Health and Human Services.
(2) (A) An inmate transferred to the division shall be segregated from the general delinquency population housed at the division.
(B) If an inmate violates a rule of the division's program or facility or is otherwise not amenable to the division's rehabilitative effort, the division may return the inmate to the Department of Correction.
(3) Any inmate transferred to the division under this subsection shall be returned to the Department of Correction on the inmate's eighteenth birthday.