§353-17 - Committed persons, furlough, employment.
§353-17 Committed persons, furlough,
employment. (a) The director or a designated agent may grant furloughs to
committed persons with a minimum or lower security classification in any
correctional facility of the department for the purpose of employment, social
reorientation, education, or training, or any other valid purpose as determined
by the director. Special out-of-state furloughs may be granted to those
already otherwise furloughed, at no cost to the State, when death or critical
illness or injury to the committed person's immediate family including a
reciprocal beneficiary, occurs. Any committed person who is engaged in private
employment, by contract or otherwise, not under the immediate custody of the
State shall not be considered an agent or employee of the State. Any moneys
earned from employment by such person shall be used to satisfy a restitution
order and to reimburse the State for the cost of room and board. If any earned
moneys remain after these expenses have been paid, that amount shall be held in
an individual account for the committed person.
When an inmate is granted a special
out-of-state furlough, the director shall inform the authorities of the state
to which the inmate is to be furloughed of the inmate's arrival.
(b) Full power to enforce the terms and
conditions of furlough and to retake and reincarcerate a furloughed committed
person is conferred upon the director or designated agent. The director or a
designated agent, at any time, may issue a warrant authorizing the arrest and
return to actual custody of any furloughed committed person for the purpose of
ascertaining whether or not the terms and conditions of furlough have been
violated so as to justify revoking the furlough and to retake and reincarcerate
the furloughed committed person. The administrators of all of the correctional
facilities of the State, the chief of police of each county, all police
officers of the State, and all correctional facility officials shall execute
any such warrant of arrest in like manner as an ordinary criminal process.
(c) Any furloughed committed person retaken
and reincarcerated as provided in this chapter shall be confined according to
the committed person's sentence for that portion of the committed person's term
remaining unserved at the time of furlough, but subsequent furloughs, in the
discretion of the director or designated agent, may be granted to a committed
person during the life and in respect of sentence. [L 1987, c 338, pt of §3; am
L 1997, c 383, §51]
Cross References
Interstate compact for the supervision of adult offenders,
see chapter 353B.