Current with legislation from 2024 Fiscal and Special Sessions.
Section 16-93-1903 - Post-release supervision - Authority and parameters(a)(1) The Post-Prison Transfer Board may transfer to post-release supervision an eligible inmate who is confined in a correctional institution administered by the Division of Correction or the Division of Community Correction, if the board determines: (A) There is a reasonable probability that the eligible inmate can be transferred without detriment to the community or himself or herself;(B) The eligible inmate is able and willing to fulfill the obligations of a law-abiding citizen; and(C) That post-release supervision is in the best interest of society.(2) A transfer to post-release supervision under this section shall issue upon the adoption of an order of the board.(b)(1) Before ordering the transfer to post-release supervision of an eligible inmate under this section, the board, a hearing judge, or an investigator employed by the board shall interview the eligible inmate, unless a hearing is not required under §§ 16-93-1807 and 16-93-1808.(2) The board shall consider the results of the risk and needs assessments of all applicants for transfer to post-release supervision.(3) Transfer to post-release supervision shall not be considered a reduction of a sentence or a pardon.(4) An inmate on post-release supervision shall remain:(A) In the legal custody of the Division of Correction;(B) Under the supervision of the Division of Community Correction; and(C) Subject to the orders of the board.Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.