73 - Residential treatment facilities.
§ 73. Residential treatment facilities. 1. The commissioner may transfer any inmate of a correctional facility who is eligible for parole or who will become eligible for parole within six months after the date of transfer or who has one year or less remaining to be served under his sentence to a residential treatment facility and such person may be allowed to go outside the facility during reasonable and necessary hours to engage in any activity reasonably related to his rehabilitation and in accordance with the program established for him. While outside the facility he shall be at all times in the custody of the department of correction and under the supervision of the state division of parole. 2. The division of parole shall be responsible for securing appropriate education, on-the-job training and employment for inmates transferred to residential treatment facilities. The division also shall supervise such inmates during their participation in activities outside any such facility and at all times while they are outside any such facility. 3. Programs directed toward the rehabilitation and total reintegration into the community of persons transferred to a residential treatment facility shall be established jointly by the department of correction and the division of parole. Each inmate shall be assigned a specific program by the superintendent of the facility and a written memorandum of such program shall be delivered to him. 4. If at any time the superintendent of a residential treatment facility is of the opinion that any aspect of the program assigned to an individual is inconsistent with the welfare or safety of the community or of the facility or its inmates, the superintendent may suspend such program or any part thereof and restrict the inmate's activities in any manner that is necessary and appropriate. Upon taking such action the superintendent shall promptly notify the commissioner of correction and pending decision by the commissioner the superintendent may keep such inmate under such security as may be necessary. 5. The commissioner may at any time and for any reason transfer an inmate from a residential treatment facility to another correctional facility. The chairman of the state board of parole may request the commissioner of correction to transfer a person out of a residential treatment facility if at any time the chairman is of the opinion that such person should no longer be allowed to follow a program that permits him to engage in activities in the community. Upon receipt of any such request, the commissioner shall forthwith transfer the inmate to a correctional facility other than a residential treatment facility. 6. Where a person who is an inmate of a residential treatment facility absconds, or fails to return thereto as specified in the program approved for him, he may be arrested and returned by an officer or employee of the department of correction or the division of parole or by any peace officer, acting pursuant to his special duties, or police officer without a warrant; or a member of the board of parole or an officer of the division of parole designated by such board may issue a warrant for the retaking of such person. A warrant issued pursuant to this subdivision shall have the same force and effect, and shall be executed in the same manner, as a warrant issued for violation of parole. 7. The provisions of this chapter relating to good behavior allowances and conditional release shall apply to behavior of inmates while assigned to a residential treatment facility for behavior on the premises and outside the premises of such facility and good behavior allowances may be granted, withheld, forfeited or cancelled in whole or in part for behavior outside the premises of the facility to the sameextent and in the same manner as is provided for inmates within the premises of any facility. 8. The board of parole may grant parole to any inmate of a residential treatment facility at any time after he becomes eligible therefor. Such parole shall be in accordance with provisions of law that would apply if the person were still confined in the facility from which he was transferred, except that any personal appearance before the board may be at any place designated by the board. 9. The earnings of any inmate of a residential treatment facility shall be dealt with in accordance with the procedure set forth in section eight hundred fifty-seven of this chapter. 10. The commissioner of correction and the chairman of the board of parole are authorized to enter into an agreement for the use of any residential treatment facility as a residence for persons who are on parole or conditional release, and persons under supervision of the board of parole who reside in such facility shall be subject to conditions of parole or release imposed by the board.