§ 11-8-2.2 Breaking and entering of a dwelling when resident on premises. – (a) Every person who shall break and enter into any dwelling house or apartment without the consent of the owner or tenant at a time when the resident or residents of the dwelling house or apartment are on the premises, after having been previously convicted of such an offense, shall be imprisoned for not less than one year and not more than ten (10) years and shall not be afforded the provisions of suspension or deferment of sentence nor probation and may in addition be fined not more than five thousand dollars ($5,000).
(b) Every person convicted pursuant to subsection (a) of this
section shall be ordered to make restitution to the victim of the offense, or
to perform up to five hundred (500) hours of public community restitution work,
or both, or any combination of them approved by the sentencing judge. The court
may not waive the obligation to make restitution and/or public community
restitution work. Restitution and/or public community restitution work shall be
in addition to any fine or sentence which may be imposed and not in lieu of the
fine or sentence; provided, that nothing contained in this section shall be
construed to require the payment of restitution while the convicted person is
imprisoned.
(P.L. 1985, ch. 426, § 2.)