§ 12-28-604 — List of inmates - Early parole or discharge

(a) (1) When the Board of Corrections declares a prison overcrowding state of emergency due to exceeding ninety-eight percent (98%) of the rated capacity and notifies the Director of the Division of Correction of the emergency as authorized, the director shall certify to the board a list of those inmates who are Class I and Class II, and the director shall indicate which inmates he or she recommends for parole, transfer, or discharge. (2) The listed inmates shall be those who, if authorized, would have their parole eligibility, transfer eligibility, or minimum release dates moved up to a point where they would immediately be eligible for parole, transfer, or discharge. (3) Upon receipt of the list of inmates certified by the director, the board is authorized to move up the projected parole eligibility, transfer eligibility, or minimum release dates of any or all inmates on the list by up to ninety (90) days. (4) The board shall certify to the director a list of the names of all prisoners whose projected parole eligibility, transfer eligibility, or minimum release dates are affected pursuant to the provisions of this subchapter. (b) (1) When the board declares a prison overcrowding state of emergency due to the county jail backlog exceeding five hundred (500) inmates and notifies the director of the emergency as authorized, the director shall certify to the board a list of those inmates who are in Class I or Class II status who have been incarcerated in a Division of Correction facility for a minimum of six (6) months and are serving a sentence for a nonviolent offense as established by the board, and the director shall indicate which inmates he or she recommends for parole, transfer, or discharge. (2) The listed inmates shall be those who, if authorized, would have their parole eligibility, transfer eligibility, or discharge dates moved up to a point where they would immediately be eligible for parole, transfer, or discharge. (3) Upon the receipt of the list of inmates certified by the director, the board is authorized to move up the projected parole eligibility, transfer eligibility, or discharge dates of any or all inmates on the list by up to one (1) year. (4) The board shall certify to the director a list of the names of all prisoners whose projected parole eligibility, transfer eligibility, or discharge dates are affected pursuant to the provisions of this subchapter. (c) The following are not eligible for early release under this section: (1) An inmate serving a term of imprisonment for a felony ineligible to receive earned release credits as defined in § 16-93-1802 ; and (2) An inmate serving a term of imprisonment for a restricted-release felony, as defined in § 16-93-1802 , who has not yet served the minimum period of time required by law.

Legislative History

Amended by Act 2023, No. 659,§ 103, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 783, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 782, eff. 7/1/2019. Acts 1987, No. 418, § 4; 1995, No. 204, § 3; 1995, No. 293, § 3; 2003, No. 1721, § 3.