(1) Sentence of preventive confinement may be passed on any offender subject to Section 88 of this Code by reason of the following convictions including that accompanying the sentence, within the space of 10 (ten) years exclusive of any sentence served and any preventive measure involving personal restraint:
a) two (2) convictions for felony punished with imprisonment or with death commuted first into imprisonment ; or
b) one such conviction for felony and two for misdemeanour, each punished with more than 1 (one) year of imprisonment ;
c) four (4) convictions for misdemeanour, each punished with more than 1 (one) year of imprisonment.
(2) The said space of 10 (ten) years shall be counted back from the date of the latest relevant offence.
(3) To be counted for the purpose of preventive confinement a conviction must have become final and must have been for an offence committed after the preceding conviction to be counted has become final.
(4) Previous convictions the sentences which have been commuted, pardoned or remitted shall be taken into account.
(5) Previous convictions expunged by rehabilitation or by amnesty shall not be taken into account.
(6) Previous convictions for offences committed by persons under the age of 18 (eighteen) shall not be taken into account.
C - POST-PENAL SUPERVISION AND ASSISTANCE
Official text
Spot-checked
In force from 12 July 2016
Source page 17