§ 42-26-13.3 Prison inmate populationcapacity – Enforcement mechanisms. – (a) Whenever the overall population of the adult correctional institutionsexceeds ninety-five percent (95%) of the annual capacity set by the committeefor thirty (30) consecutive days or whenever the prison inmate population ofany secure facility within the adult correctional institutions exceeds onehundred percent (100%) of its capacity established by court order, consentdecree or otherwise, for five (5) consecutive days, the director of correctionsshall notify the chairperson of the committee in writing and said chairpersonshall schedule an emergency meeting of the committee within five (5) businessdays of notification to develop measures to address the overcrowding.
(b) The committee shall without delay encourage, coordinateand oversee efforts to initiate one or more of the following measures, as thecommittee deems appropriate, to address the overcrowding:
(1) Accelerate the implementation of systemic improvements,including, but not limited to, existing measures for the processing of bail forpretrial detainees, disposing of pending cases of sentenced inmates, providingaccelerated bail hearings and expediting hearings for probation and paroleviolators.
(2) Implement immediately other systemic improvements on atemporary or permanent basis which may have a positive impact on expediting theprocessing of pretrial and/or sentenced inmates as may be necessary and toreduce incarceration days.
(c) In the event such systemic initiatives fail to reduceovercrowding of the inmate population at any secure facility or facilities tomandated levels within sixty (60) days of notification to the committee by thedirector of corrections of the overcrowding, the committee shall determinewhether the source of the overcrowding is in the pretrial or sentenced inmatepopulation. If the committee determines that the overcrowding results from thepretrial inmate population, the committee shall, without delay, encourage,coordinate and oversee efforts to initiate one or more of the following plansof action as may be necessary:
(1) Review cases of all pretrial detainees for possiblerelease or bailment;
(2) Utilize alternative measures wherever possible to releasepretrial detainees to community supervision;
(3) Establish a temporary bail fund to release nonviolentpretrial detainees, with or without community supervision.
(d) If the committee determines that the overcrowding problemresults from the sentenced inmate population, the committee shall, withoutdelay, encourage, coordinate and oversee efforts to initiate one or more of thefollowing plans of action as may be necessary:
(1) Expand the availability of intermediate punishments;
(2) Accelerate parole hearings for those currently eligibleand expedite release of those granted parole;
(3) Temporarily suspend existing guidelines for paroleeligibility and consider all prisoners statutorily eligible for release orparole;
(4) Utilize statutorily authorized grants of meritorious goodtime to accelerate the release of nonviolent sentenced offenders who are withinthirty (30) days of expiration of sentence.
(e) If the measures described in subsection (d) above fail toreduce the inmate population of any secure facility of the adult correctionalinstitutions to mandated levels within an additional sixty (60) days (or withinone hundred twenty (120) days after written notification to the committee bythe director of corrections of the overcrowding crisis), the committee shall beauthorized to direct the parole board to consider the good time earned bynonviolent offenders pursuant to the provisions of § 42-56-24 and §42-56-26 for the purpose of expediting the parole eligibility of the minimumnumber of nonviolent sentenced offenders needed to meet mandated populationlevels. A "nonviolent offender" is defined as one who is not currently servinga sentence of incarceration resulting from a conviction for a crime of violencedefined by § 42-56-20.2.
(f) If the measures described in subsection (e) above fail toreduce the inmate population of any secure facility to mandated levels withinan additional sixty (60) days (or within one hundred eighty (180) days afterwritten notification to the committee by the director of corrections of theovercrowding crisis), the chairperson of the committee shall notify thegovernor and recommend the grant of sufficient emergency good time tononviolent offenders to expedite eligibility for parole of the minimum numberof sentenced offenders to meet the mandated population caps. The governor shalldirect the director of corrections to grant such emergency good time in ten(10) day increments to all nonviolent sentenced offenders. Such ten (10) dayincrements of emergency good time shall be granted to make the minimum numberof offenders eligible for and actually released on parole to meet mandatedpopulation caps. Upon notification of the governor of the grant of emergencygood time, the parole board shall consider emergency good time in determiningeligibility for parole. A "nonviolent offender" is defined here, as above insubsection (e), as one who is not currently serving a sentence of incarcerationresulting from a conviction for a crime of violence as defined by §42-56-20.2.
§ 42-26-13.3 Prison inmate populationcapacity – Enforcement mechanisms. – (a) Whenever the overall population of the adult correctional institutionsexceeds ninety-five percent (95%) of the annual capacity set by the committeefor thirty (30) consecutive days or whenever the prison inmate population ofany secure facility within the adult correctional institutions exceeds onehundred percent (100%) of its capacity established by court order, consentdecree or otherwise, for five (5) consecutive days, the director of correctionsshall notify the chairperson of the committee in writing and said chairpersonshall schedule an emergency meeting of the committee within five (5) businessdays of notification to develop measures to address the overcrowding.
(b) The committee shall without delay encourage, coordinateand oversee efforts to initiate one or more of the following measures, as thecommittee deems appropriate, to address the overcrowding:
(1) Accelerate the implementation of systemic improvements,including, but not limited to, existing measures for the processing of bail forpretrial detainees, disposing of pending cases of sentenced inmates, providingaccelerated bail hearings and expediting hearings for probation and paroleviolators.
(2) Implement immediately other systemic improvements on atemporary or permanent basis which may have a positive impact on expediting theprocessing of pretrial and/or sentenced inmates as may be necessary and toreduce incarceration days.
(c) In the event such systemic initiatives fail to reduceovercrowding of the inmate population at any secure facility or facilities tomandated levels within sixty (60) days of notification to the committee by thedirector of corrections of the overcrowding, the committee shall determinewhether the source of the overcrowding is in the pretrial or sentenced inmatepopulation. If the committee determines that the overcrowding results from thepretrial inmate population, the committee shall, without delay, encourage,coordinate and oversee efforts to initiate one or more of the following plansof action as may be necessary:
(1) Review cases of all pretrial detainees for possiblerelease or bailment;
(2) Utilize alternative measures wherever possible to releasepretrial detainees to community supervision;
(3) Establish a temporary bail fund to release nonviolentpretrial detainees, with or without community supervision.
(d) If the committee determines that the overcrowding problemresults from the sentenced inmate population, the committee shall, withoutdelay, encourage, coordinate and oversee efforts to initiate one or more of thefollowing plans of action as may be necessary:
(1) Expand the availability of intermediate punishments;
(2) Accelerate parole hearings for those currently eligibleand expedite release of those granted parole;
(3) Temporarily suspend existing guidelines for paroleeligibility and consider all prisoners statutorily eligible for release orparole;
(4) Utilize statutorily authorized grants of meritorious goodtime to accelerate the release of nonviolent sentenced offenders who are withinthirty (30) days of expiration of sentence.
(e) If the measures described in subsection (d) above fail toreduce the inmate population of any secure facility of the adult correctionalinstitutions to mandated levels within an additional sixty (60) days (or withinone hundred twenty (120) days after written notification to the committee bythe director of corrections of the overcrowding crisis), the committee shall beauthorized to direct the parole board to consider the good time earned bynonviolent offenders pursuant to the provisions of § 42-56-24 and §42-56-26 for the purpose of expediting the parole eligibility of the minimumnumber of nonviolent sentenced offenders needed to meet mandated populationlevels. A "nonviolent offender" is defined as one who is not currently servinga sentence of incarceration resulting from a conviction for a crime of violencedefined by § 42-56-20.2.
(f) If the measures described in subsection (e) above fail toreduce the inmate population of any secure facility to mandated levels withinan additional sixty (60) days (or within one hundred eighty (180) days afterwritten notification to the committee by the director of corrections of theovercrowding crisis), the chairperson of the committee shall notify thegovernor and recommend the grant of sufficient emergency good time tononviolent offenders to expedite eligibility for parole of the minimum numberof sentenced offenders to meet the mandated population caps. The governor shalldirect the director of corrections to grant such emergency good time in ten(10) day increments to all nonviolent sentenced offenders. Such ten (10) dayincrements of emergency good time shall be granted to make the minimum numberof offenders eligible for and actually released on parole to meet mandatedpopulation caps. Upon notification of the governor of the grant of emergencygood time, the parole board shall consider emergency good time in determiningeligibility for parole. A "nonviolent offender" is defined here, as above insubsection (e), as one who is not currently serving a sentence of incarcerationresulting from a conviction for a crime of violence as defined by §42-56-20.2.
§ 42-26-13.3 Prison inmate populationcapacity – Enforcement mechanisms. – (a) Whenever the overall population of the adult correctional institutionsexceeds ninety-five percent (95%) of the annual capacity set by the committeefor thirty (30) consecutive days or whenever the prison inmate population ofany secure facility within the adult correctional institutions exceeds onehundred percent (100%) of its capacity established by court order, consentdecree or otherwise, for five (5) consecutive days, the director of correctionsshall notify the chairperson of the committee in writing and said chairpersonshall schedule an emergency meeting of the committee within five (5) businessdays of notification to develop measures to address the overcrowding.
(b) The committee shall without delay encourage, coordinateand oversee efforts to initiate one or more of the following measures, as thecommittee deems appropriate, to address the overcrowding:
(1) Accelerate the implementation of systemic improvements,including, but not limited to, existing measures for the processing of bail forpretrial detainees, disposing of pending cases of sentenced inmates, providingaccelerated bail hearings and expediting hearings for probation and paroleviolators.
(2) Implement immediately other systemic improvements on atemporary or permanent basis which may have a positive impact on expediting theprocessing of pretrial and/or sentenced inmates as may be necessary and toreduce incarceration days.
(c) In the event such systemic initiatives fail to reduceovercrowding of the inmate population at any secure facility or facilities tomandated levels within sixty (60) days of notification to the committee by thedirector of corrections of the overcrowding, the committee shall determinewhether the source of the overcrowding is in the pretrial or sentenced inmatepopulation. If the committee determines that the overcrowding results from thepretrial inmate population, the committee shall, without delay, encourage,coordinate and oversee efforts to initiate one or more of the following plansof action as may be necessary:
(1) Review cases of all pretrial detainees for possiblerelease or bailment;
(2) Utilize alternative measures wherever possible to releasepretrial detainees to community supervision;
(3) Establish a temporary bail fund to release nonviolentpretrial detainees, with or without community supervision.
(d) If the committee determines that the overcrowding problemresults from the sentenced inmate population, the committee shall, withoutdelay, encourage, coordinate and oversee efforts to initiate one or more of thefollowing plans of action as may be necessary:
(1) Expand the availability of intermediate punishments;
(2) Accelerate parole hearings for those currently eligibleand expedite release of those granted parole;
(3) Temporarily suspend existing guidelines for paroleeligibility and consider all prisoners statutorily eligible for release orparole;
(4) Utilize statutorily authorized grants of meritorious goodtime to accelerate the release of nonviolent sentenced offenders who are withinthirty (30) days of expiration of sentence.
(e) If the measures described in subsection (d) above fail toreduce the inmate population of any secure facility of the adult correctionalinstitutions to mandated levels within an additional sixty (60) days (or withinone hundred twenty (120) days after written notification to the committee bythe director of corrections of the overcrowding crisis), the committee shall beauthorized to direct the parole board to consider the good time earned bynonviolent offenders pursuant to the provisions of § 42-56-24 and §42-56-26 for the purpose of expediting the parole eligibility of the minimumnumber of nonviolent sentenced offenders needed to meet mandated populationlevels. A "nonviolent offender" is defined as one who is not currently servinga sentence of incarceration resulting from a conviction for a crime of violencedefined by § 42-56-20.2.
(f) If the measures described in subsection (e) above fail toreduce the inmate population of any secure facility to mandated levels withinan additional sixty (60) days (or within one hundred eighty (180) days afterwritten notification to the committee by the director of corrections of theovercrowding crisis), the chairperson of the committee shall notify thegovernor and recommend the grant of sufficient emergency good time tononviolent offenders to expedite eligibility for parole of the minimum numberof sentenced offenders to meet the mandated population caps. The governor shalldirect the director of corrections to grant such emergency good time in ten(10) day increments to all nonviolent sentenced offenders. Such ten (10) dayincrements of emergency good time shall be granted to make the minimum numberof offenders eligible for and actually released on parole to meet mandatedpopulation caps. Upon notification of the governor of the grant of emergencygood time, the parole board shall consider emergency good time in determiningeligibility for parole. A "nonviolent offender" is defined here, as above insubsection (e), as one who is not currently serving a sentence of incarcerationresulting from a conviction for a crime of violence as defined by §42-56-20.2.
