Current with legislation from 2024 Fiscal and Special Sessions.
Section 16-93-1811 - Post-release supervision(a)(1) The Post-Prison Transfer Board shall establish a set of conditions that are applicable to all inmates transferred to post-release supervision.(2) The set of conditions established by the Post-Prison Transfer Board under subdivision (a)(1) of this section is subject to periodic review, revision, and approval as the Post-Prison Transfer Board deems necessary.(b)(1)(A) A course of action required by the Post-Prison Transfer Board shall not be outside the current resources of the Division of Correction.(B) The conditions for post-release supervision set by the Post-Prison Transfer Board shall not be outside the current resources of the Division of Community Correction.(2) The Division of Correction and Division of Community Correction shall strive to accommodate the actions required by the Board of Corrections or the Post-Prison Transfer Board to the best of their abilities.(c) Transfer to post-release supervision is not an award of clemency, and it shall not be considered as a reduction of sentence or a pardon.(d) An inmate on post-release supervision shall remain:(1) In the legal custody of the Division of Correction;(2) Under the supervision of the Division of Community Correction; and(3) Subject to the orders of the Post-Prison Transfer Board.(e) Decisions on release to post-release supervision, courses of action before transfer to post-release supervision, and post-release supervision transfer conditions to be set by the Post-Prison Transfer Board shall be: (1) Informed by the risk and needs assessment tool under § 16-93-1807;(2) Reasonable and rational; and(3) Defensible based on preestablished criteria.Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.