Section 3063-C - Transfer to jails1.Transfer of prisoner. The commissioner may transfer a prisoner serving a sentence in a correctional facility to a county jail, upon the request of the chief administrative officer and the approval of the sheriff of the jail. [2015, c. 335, §28(NEW).]
2.Cost of transfer. The department shall pay the cost of the transfer or the return of the prisoner. [2015, c. 335, §28(NEW).]
3.Reimbursement. By agreement between the commissioner and the sheriff of the receiving jail pursuant to this section, the department shall pay directly to the jail reimbursement in accordance with this subsection.A. During a state fiscal year in which the funding required by section 1210-E, subsection 2 has been appropriated to the County Jail Operations Fund and disbursements have been made equal to the amount due to the counties as required by section 1210-E, the receiving jail may charge the department for the transferred prisoner a rate to be negotiated between the sheriff of the jail and the department that is no higher than $25 per diem per prisoner. [2021, c. 732, Pt. D, §6(AMD); 2021, c. 732, Pt. D, §7(AFF).]B. During a state fiscal year in which less than the funding required by section 1210-E, subsection 2 has been appropriated to the County Jail Operations Fund or disbursements have not been made equal to the amount due to the counties as required by section 1210-E, the receiving jail may charge the department for the transferred prisoner a rate to be negotiated between the sheriff of the county jail and the department that is no higher than $108 per diem per prisoner. [2021, c. 732, Pt. D, §6(AMD); 2021, c. 732, Pt. D, §7(AFF).]C. The department shall reimburse the receiving jail for any costs incurred in the provision of extraordinary medical or surgical treatment for conditions of the prisoner that existed prior to transfer. [2015, c. 335, §28(NEW).]D. Payment amounts provided for in this section may be adjusted or dispensed with upon terms mutually agreeable to the commissioner and the sheriff of the receiving jail. [2015, c. 335, §28(NEW).] [2021, c. 732, Pt. D, §6(AMD); 2021, c. 732, Pt. D, §7(AFF).]
4.Transferee subject to rules. A prisoner transferred under this section is subject to the general rules of the facility to which the prisoner is transferred, except that for a prisoner who has been sentenced: A. The term of the original sentence remains the same unless altered by the court; [2015, c. 335, §28(NEW).]B. The prisoner becomes eligible for deductions as provided in Title 17-A, section 2302, subsection 1; section 2305; section 2307; section 2308; section 2309; section 2310; or section 2311 for a prisoner committed to the department; [2019, c. 113, Pt. C, §100(AMD).]C. The prisoner becomes eligible for release and discharge as provided in Title 17-A, section 2314, subsection 1 for a prisoner committed to the department; [2019, c. 113, Pt. C, §100(AMD).]D. The prisoner is entitled to have the time served in the jail under this section deducted from the sentence; and [2015, c. 335, §28(NEW).]E. The prisoner becomes eligible for furloughs, work or other release programs, and supervised community confinement as authorized by sections 3035 and 3036-A and may apply pursuant to the rules governing the correctional facility from which the prisoner was transferred. [2015, c. 335, §28(NEW).] [2019, c. 113, Pt. C, §100(AMD).]
5.Return of prisoner. A prisoner transferred pursuant to this section must be returned to the department upon the request of the commissioner or the sheriff. [2015, c. 335, §28(NEW).]
Amended by 2022, c. 732,§ D-6, eff. 7/1/2023.Amended by 2019, c. 113,§ C-100, eff. 5/16/2019.Added by 2015, c. 335,§ 28, eff. 7/12/2015.Updated by Revisor to correct stigmatizing language.