A. Notwithstanding any other provision of law, when a defendant, who is a first offender on probation with a suspended sentence for a term of seven years or less at hard labor, or a second offender on probation and having never served time in a state prison, has his probation revoked for any reason other than a subsequent felony conviction, the court, upon the recommendation of the division of probation and parole, may order that the offender be committed to the Department of Public Safety and Corrections and be considered for participation in the intensive incarceration program as provided for in La. Rev. Stat. 15:574.4.4 or 574.5. If the offender committed to the custody of the department participates in an intensive incarceration program of an eligible parish, the department shall reimburse the sheriff’s office of the parish conducting the program in the amount appropriated by the legislature.

            B. If the imposition of the sentence was suspended, the defendant shall serve the sentence imposed by the court at the revocation hearing. If the defendant is a first offender and receives a sentence of seven years or less at hard labor, or a second offender on probation and having never served time in a state prison, the court, upon recommendation of the division of probation and parole, may order that the offender be committed to the department and be considered for participation in the intensive incarceration program as provided for in La. Rev. Stat. 15:574.4.4 or 574.5. If the offender committed to the custody of the department participates in an intensive incarceration program as provided for in La. Rev. Stat. 15:574.5, the department shall reimburse the sheriff’s office of the parish conducting the program in the amount appropriated by the legislature.

            Acts 1990, No. 83, §1; Acts 2019, No. 369, §3.