§353-17  Committed persons, furlough,employment.  (a)  The director or a designated agent may grant furloughs tocommitted persons with a minimum or lower security classification in anycorrectional facility of the department for the purpose of employment, socialreorientation, education, or training, or any other valid purpose as determinedby the director.  Special out-of-state furloughs may be granted to thosealready otherwise furloughed, at no cost to the State, when death or criticalillness or injury to the committed person's immediate family including areciprocal beneficiary, occurs.  Any committed person who is engaged in privateemployment, by contract or otherwise, not under the immediate custody of theState shall not be considered an agent or employee of the State.  Any moneysearned from employment by such person shall be used to satisfy a restitutionorder and to reimburse the State for the cost of room and board.  If any earnedmoneys remain after these expenses have been paid, that amount shall be held inan individual account for the committed person.

When an inmate is granted a specialout-of-state furlough, the director shall inform the authorities of the stateto which the inmate is to be furloughed of the inmate's arrival.

(b)  Full power to enforce the terms andconditions of furlough and to retake and reincarcerate a furloughed committedperson is conferred upon the director or designated agent.  The director or adesignated agent, at any time, may issue a warrant authorizing the arrest andreturn to actual custody of any furloughed committed person for the purpose ofascertaining whether or not the terms and conditions of furlough have beenviolated so as to justify revoking the furlough and to retake and reincarceratethe furloughed committed person.  The administrators of all of the correctionalfacilities of the State, the chief of police of each county, all policeofficers of the State, and all correctional facility officials shall executeany such warrant of arrest in like manner as an ordinary criminal process.

(c)  Any furloughed committed person retakenand reincarcerated as provided in this chapter shall be confined according tothe committed person's sentence for that portion of the committed person's termremaining unserved at the time of furlough, but subsequent furloughs, in thediscretion of the director or designated agent, may be granted to a committedperson during the life and in respect of sentence. [L 1987, c 338, pt of §3; amL 1997, c 383, §51]

 

Cross References

 

  Interstate compact for the supervision of adult offenders,see chapter 353B.