HB3304 S JUD AM #1
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
department of military affairs and public safety.
ARTICLE 4A. EXPANDED WORK RELEASE PILOT PROGRAM.
§15A-4A-1. Purpose of article and legislative findings.
(a) The purpose of this article is to establish an expanded required work release pilot program in no more than five locations in this state.
(b) The Legislature finds that the primary reasons for requiring participation in a work release program are to increase public protection while aiding the transition of the offender back into the community where he or she will be going with or without work release program participation. Participating in work release may reduce the likelihood of recidivism by gradually reintroducing an offender to the community while providing security, structure, and supervision and providing necessary services.
(c) The Legislature further finds that participation in a work release program provides an transitional environment for offenders nearing the end of their sentences while maintaining structure, supervision, offender accountability, improved program opportunities, employment counseling and placement, substance abuse, and life skills training.
As used in this article, unless the context clearly requires a different meaning, the term:
(1)"Commissioner" means the commissioner of the Division of Corrections and Rehabilitation;
(2) “Division” means the Division of Corrections and Rehabilitation;
(3) “Offender” means a person sentenced to the custody of the Commissioner for service of a sentence of incarceration due to conviction of a felony or felonies.
§15A-4A-3. Expanded work release pilot program.
The Commissioner of the Division of Corrections and Rehabilitation is hereby authorized to establish a pilot program expanding available work release facilities to no more than a total of five locations be used for eligible offenders who are sentenced to serve a term of imprisonment in the custody of the commissioner and whom the commissioner requires to serve the last portion of their sentences in a work release facility in accordance with this article.
§15A-4A-4. Eligibility; Funding.
(a) An offender is eligible to participate in the work release program if he or she :
(1) Is 18 years of age or older;
(2) Is physically and psychologically able, as determined by the commissioner, to participate in the program: Provided, That offenders with medical conditions or disabilities shall be eligible for work release placement.
(3) Is directed by the Commissioner of Corrections to participate in the work release program; and
(4) Meets other criteria as the commissioner of the Division of Corrections and Rehabilitation may direct pursuant to §29A-1-1 et seq. of this code.
(b) The expansion of work release authorized by this article is subject to funds being appropriated by the legislature therefor or appropriated funds being redirected thereto.
§15A-4A-5. Limitations on eligibility for work release participation.
The following persons may not participate in the work release program:
(1) An offender who requires inpatient psychological or psychiatric treatment;
(2) An offender who refuses to participate in the Offender Financial Responsibility Program;
(3) An offender who refuses to participate in the Institution Release Preparation Program; and
(4) An offender determined by the commissioner, in his or her sole discretion, to pose a threat to the safety of another or to the community or to be an otherwise inappropriate candidate for participation in the program.
§15A-4A-6. Internal policy development.
(a) The commissioner shall develop operational procedures and policies for the work release program. The procedures and policies may, pursuant to §15A-3-12 of this code, allow the division to partner with contractors to be established at multiple sites, which sites shall subject to the control and authority of the commissioner.
(b) The procedures and policies shall include the following:
(1) A period of Imprisonment in work release of no more than 6 months prior to release on parole or discharge which period of Imprisonment may include substance abuse education, mandatory employment or employment skills training, social skills training, and psychological evaluation and treatment. Additionally, the state Board of Education and State Superintendent of Schools, pursuant to section five, article twenty, chapter eighteen of this code, respectively, may, as funds are available, establish an education program for those eligible offenders who are not recipients of a high school diploma or a certificate of high school equivalency.
(2) Policies and procedures identifying the facilities subject to the control and authority of the commissioner that will be used for offenders serving a sentence in a work release program;
(3) Policies and procedures establishing additional criteria the commissioner deems necessary and appropriate to determine eligibility and of offenders to serve the last portion of his or her sentence in a work release program;
(4) Policies and procedures to effectuate notification to a sentencing court of the performance of an eligible offender serving part of his or her sentence in a work release facility; and
(5) Any other policies and procedures that are necessary for the proper operation of the program.
(c) Upon successful completion of the work release program, an offender shall be released on parole or discharged in accordance with this article.
(d) An offender who does not satisfactorily complete the work release program shall be removed from the program and returned to serve the remainder of his or her sentence in a facility designated by the commissioner.
§15A-4A-7. Funding and financial implications.
Funding for the expanded work release pilot program may be derived from the state’s general revenue fund or budget assigned annually to the division.