46.2206 Detention condition of probation.

Cite as [A.S.C.A. § 46.2206]

Except in infraction cases, when probation is granted, the court, in addition to conditions imposed under 46.2205, may require as a condition of probation that the defendant submit to a period of detention in an appropriate institution at whatever time or intervals within the period of probation, consecutive or nonconsecutive, the court shall designate.

(1) In misdemeanor cases, the period of detention under this section may not exceed:

(A) 15 days for a class C misdemeanor;

(B) 45 days for a class B misdemeanor; and

(C) 90 days for a class A misdemeanor.

(2) In felony cases, the period of detention under this section may not exceed one third of the maximum prescribed term of imprisonment for the crime of which the defendant has been convicted, or, where the maximum prescribed term is life imprisonment, 15 years.

(3) If probation is revoked and a term of imprisonment is served by reason of it, the time spent in a jail or other institution as a detention condition of probation is credited against the prison or jail term served for the offense in connection with which the detention condition was imposed.

History: 1979, PL 16-43 § 2; 1983, PL 18-16 § 1; and 1987, PL 20-15 § 1, 2008, PL 30-22.

Case Notes:

Statute allowing court to impose detention as a condition of probation did not violate the constitutional provision allowing governor to grant pardons, since any prisoner pardoned by the governor could no longer be incarcerated. Rev. Const. Am. Samoa art. IV § 9; A.S.C.A. § 46.2206. Atuatasi v. Moaali`itele, 8 A.S.R.2d 53 (1988).

Sentencing court may require convicted defendant to serve multiple periods of detention as conditions of multiple terms of detention, but the periods of detention must be served concurrently and the aggregate period of detention cannot exceed the statutory maximum. A.S.C.A. §§ 46.2206, 46.2207. American Samoa Government v. Masaniai, 6 A.S.R.2d 114 (1987).

Where one section of parole statute provided that parole should not be given unless institutional confinement is deemed unnecessary, and later amendment to another section of the statute was clearly designed to allow court to impose probation and conditional detention in certain cases where confinement is deemed necessary, the general rule stated in the earlier provision does not operate as a limitation on the power granted by the later provision. A.S.C.A. §§ 46.2203, 46.2206. Atuatasi v. Moaali`itele, 8 A.S.R.2d 53 (1988).

Amendment to probation statute, allowing court to impose detention as a condition of probation for up to one-third of the maximum term of imprisonment, was intended to give court the power to prevent the early release of dangerous criminals. A.S.C.A. § 46.2206. Atuatasi v. Moaali`itele, 8 A.S.R.2d 53 (1988).

Parole and conditional probation statutes provide two alternative modes of sentencing, with the mandatory period of detention limited to one-third of the sentence in both cases but conditional probation statute allowing the court to exercise greater control over the conditions of detention. A.S.C.A. §§ 46.2206, 46.2304, 46.2701 et seq. Atuatasi v. Moaali`itele, 8 A.S.R.2d 53 (1988).

Statute providing for parole of prisoner who has served one-third of his sentence of imprisonment has no application to probationer whose sentence of imprisonment has been suspended and who is serving a term of detention, for a period no greater than one-third of the suspended sentence of imprisonment, as a condition of his probation. A.S.C.A. §§ 46.2203, 46.2206(3), 46.2209. Atuatasi v. Moaali`itele, 8 A.S.R.2d 53 (1988).

Prisoner whose sentence of imprisonment was suspended but who was required to serve a term of detention as a condition of probation, under a statute providing that such term could be no greater than one-third of the suspended sentence of imprisonment, was not unfairly deprived of the opportunity to apply for parole, since he would be released from detention on the same day that he would otherwise have been eligible to apply for parole. A.S.C.A. §§ 46.2206, 46.2304, 46.2701 et seq. Atuatasi v. Moaali`itele, 8 A.S.R.2d 53 (1988).

There is no inconsistency in suspending a "sentence of imprisonment" while simultaneously imposing "detention" as a condition of probation, where statutes use these terms to denote two alternative modes of sentencing. A.S.C.A. §§ 46.2206, 46.2301 et seq. Atuatasi v. American Samoa Government, 9 A.S.R.2d 67 (1988).

Prisoner who was sentenced to detention as a condition of probation, under statute limiting such conditional detention to one-third of the maximum prescribed term of imprisonment for the crime of which he was convicted, was not arbitrarily denied access to parole where under parole statute he would have been required to serve one-third of his sentence before becoming eligible for parole. A.S.C.A. §§ 46.2206, 46.2304(a)(1). Atuatasi v. American Samoa Government, 9 A.S.R.2d 67 (1988).

Where probation statute originally provided that probation could be imposed only in cases where incarceration was not necessary for the protection of the public, and also provided that a brief period of detention could be imposed as a condition of probation, but statute was later amended to provide that such detention could be imposed for up to fifteen years, the later enactment implicitly amended the earlier; court could therefore impose detention as a condition of probation not only for the purpose of rehabilitation, but also where incarceration was deemed necessary for the protection of the public. A.S.C.A. §§ 46.2203, 46.2206. Atuatasi v. American Samoa Government, 9 A.S.R.2d 67 (1988).

The High Court has the power to impose detention as a condition of probation for a period equivalent to one-third of the maximum sentence of imprisonment authorized by law. A.S.C.A. § 46.2206. American Samoa Government v. Falefatu, 17 A.S.R.2d 114 (1990).

Under the 1987 amendment to the probation statute, sentencing judges are free to impose probation for reasons other than the rehabilitation-related provisions of the statute. A.S.C.A. §§ 46.2203, 46.2206. American Samoa Government v. Falefatu, 17 A.S.R.2d 114 (1990).

In cases of apparent conflict between two statutes, specific and later statute prevails over more general and earlier statute. A.S.C.A. §§ 46.2203, 46.2206. Atuatasi v. American Samoa Government, 9 A.S.R.2d 67 (1988).

Research Guide: MCC 559.026, 28 ASC 1, 28 ASC 5.

Amendments: 1983 Amended to increase detention period for felony cases from 60 days to one year.

1987 Subsection (2): revised maximum period of detention from one year.