12-48.1 Work Release Programs
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<![CDATA[CHAPTER 12-48.1WORK RELEASE PROGRAMS12-48.1-01. Director may provide certain services for offenders. The director of thedepartment of corrections and rehabilitation may participate in programs in which offenders<br>committed to the legal and physical custody of the department may be gainfully employed or<br>participate in an educational or other rehabilitation program either in or outside facilities under the<br>control of the department.The director may obtain or contract with separate facilities withminimum security for housing offenders granted release privileges. In areas where facilities are<br>not within reasonable proximity of the place of employment or training of an offender so released,<br>the director may arrange for the housing of the offender in local confinement facilities.12-48.1-02.Conditions of eligibility for release programs.An offender may beeligible for programs outside facilities under the control of the department of corrections and<br>rehabilitation when the department determines the offender is not a high security risk, not likely to<br>commit a crime of violence, and is likely to be rehabilitated by such program. An offender may<br>apply to the director of the department for permission to participate in such programs.Thedirector of the department may authorize participation in outside programs for an offender who<br>has been committed to ten years or less to the legal and physical custody of the department.<br>The parole board, with the approval of the director of the department, may authorize participation<br>in outside programs for offenders who have been committed to the legal and physical custody of<br>the department for more than ten years. The offender shall submit a signed application which<br>must include a statement that the offender agrees to abide by all terms and conditions of the<br>particular plan adopted for the offender, and must include such other information as the parole<br>board or the director of the department may require. The parole board may approve, disapprove,<br>or defer action on an application approved by the director of the department. The director of the<br>department or the parole board may revoke approval of the application at any time after granting<br>the application. The department shall prescribe rules of conduct and treatment for all offenders<br>on release programs. The director of the department may grant short leaves, not to exceed<br>seventy-two hours, to offenders who have been committed to the legal and physical custody of<br>the department for ten years or less. The parole board, upon the approval of the director of the<br>department, may grant short leaves, not to exceed seventy-two hours, to offenders committed to<br>the legal and physical custody of the department for more than ten years. All rules adopted by<br>the parole board and the director of the department relating to release programs and short leaves<br>must conform, to the extent allowable by law, with executive order no. 11755 issued by the<br>President of the United States.12-48.1-03. Use of funds earned on work release. An offender shall use any fundsearned in work release in the following order: support of dependents; for necessary expenses of<br>the offender, including room and board costs of the institution; any administration fee and fine;<br>and restitution if a part of the sentence. Any balance must be deposited in the offender's account<br>to be paid to the offender in accordance with section 12-48-15.12-48.1-04. Willful failure to return. Repealed by S.L. 1975, ch. 106, </p>
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