(1) The court before which any person may be convicted of any criminal offense not punishable by death shall have power, in addition to the sentence prescribed or authorized by law, to require the person to give security to keep the peace or be of good behavior, or both, for any term not exceeding three (3) years from the time he or she may be discharged from prison if imprisonment is a part of the punishment.
(2) If the person fails to give security as required in subsection (a) of this section, he or she shall be committed to prison, there to remain until the security is given.
(3) No recognizance given under the provisions of subsection (a) of this section shall be deemed to be broken unless the principal therein is convicted of some offense amounting in judgment of law to a breach of the recognizance.