12-48.1 Work Release Programs - North Dakota Statutes

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CHAPTER 12-48.1WORK RELEASE PROGRAMS12-48.1-01. Director may provide certain services for offenders. The director of thedepartment of corrections and rehabilitation may participate in programs in which offenders
committed to the legal and physical custody of the department may be gainfully employed or
participate in an educational or other rehabilitation program either in or outside facilities under the
control of the department.The director may obtain or contract with separate facilities withminimum security for housing offenders granted release privileges. In areas where facilities are
not within reasonable proximity of the place of employment or training of an offender so released,
the director may arrange for the housing of the offender in local confinement facilities.12-48.1-02.Conditions of eligibility for release programs.An offender may beeligible for programs outside facilities under the control of the department of corrections and
rehabilitation when the department determines the offender is not a high security risk, not likely to
commit a crime of violence, and is likely to be rehabilitated by such program. An offender may
apply to the director of the department for permission to participate in such programs.Thedirector of the department may authorize participation in outside programs for an offender who
has been committed to ten years or less to the legal and physical custody of the department.
The parole board, with the approval of the director of the department, may authorize participation
in outside programs for offenders who have been committed to the legal and physical custody of
the department for more than ten years. The offender shall submit a signed application which
must include a statement that the offender agrees to abide by all terms and conditions of the
particular plan adopted for the offender, and must include such other information as the parole
board or the director of the department may require. The parole board may approve, disapprove,
or defer action on an application approved by the director of the department. The director of the
department or the parole board may revoke approval of the application at any time after granting
the application. The department shall prescribe rules of conduct and treatment for all offenders
on release programs. The director of the department may grant short leaves, not to exceed
seventy-two hours, to offenders who have been committed to the legal and physical custody of
the department for ten years or less. The parole board, upon the approval of the director of the
department, may grant short leaves, not to exceed seventy-two hours, to offenders committed to
the legal and physical custody of the department for more than ten years. All rules adopted by
the parole board and the director of the department relating to release programs and short leaves
must conform, to the extent allowable by law, with executive order no. 11755 issued by the
President of the United States.12-48.1-03. Use of funds earned on work release. An offender shall use any fundsearned in work release in the following order: support of dependents; for necessary expenses of
the offender, including room and board costs of the institution; any administration fee and fine;
and restitution if a part of the sentence. Any balance must be deposited in the offender's account
to be paid to the offender in accordance with section 12-48-15.12-48.1-04. Willful failure to return. Repealed by S.L. 1975, ch. 106,