Section 15-18-1

Legal punishments; sentencing; liability of Department of Corrections for costs.

(a) The only legal punishments, besides removal from office and disqualification to hold office, are fines, hard labor for the county, imprisonment in the county jail, imprisonment in the penitentiary, which includes hard labor for the state, and death.

(b) In all cases in which the period of imprisonment in the penitentiary or hard labor for the county is more than three years, the judge shall sentence the party to imprisonment in the penitentiary. In all cases of conviction for felonies in which imprisonment or hard labor is for more than 12 months and not more than three years, the judge may sentence the party to imprisonment in the penitentiary, confinement in the county jail, or to hard labor for the county, at his or her discretion, any other provision of law to the contrary notwithstanding. In all cases in which the imprisonment or sentence to hard labor is 12 months or less, the party shall be sentenced to imprisonment in the county jail or to hard labor for the county. No misdemeanor prisoner may be sentenced to the penitentiary.

(c) This section shall not be construed to relieve the Department of Corrections of any responsibility imposed upon it by law to make payment of costs under any provisions of law applicable thereto.

(Code 1852, §208; Code 1867, §3750; Code 1876, §4450; Code 1886, §4492; Code 1896, §5412; Code 1907, §7620; Code 1923, §5265; Code 1940, T. 15, §325; Acts 1943, No. 433, p. 401; Acts 1957, No. 61, p. 100, §§1, 2; Acts 1975, 4th Ex. Sess., No. 87, §1; Act 2002-492, p. 1243, §2.)