§ 16-93-1806 — Procedures for release - Hearing

(a) An inmate under sentence for a felony, except those designated as a felony ineligible to receive earned release credits under § 16-93-1802 , may be transferred to post-release supervision under §§ 16-93-1903 and 16-93-1904 subject to rules promulgated by the Board of Corrections or the Post-Prison Transfer Board and conditions adopted by the Post-Prison Transfer Board. (b) Before a hearing of the Post-Prison Transfer Board to consider a transfer to post-release supervision, notification of the committing court, the prosecuting attorney, county sheriff, and the victim or the victim's next of kin for an inmate under sentence for an offense other than one (1) in the target group as defined in § 16-93-1202 shall follow the procedures stated in § 16-93-1810 . (c) (1) For an inmate under sentence for a felony within the target group as defined in § 16-93-1202 , before the Post-Prison Transfer Board sets conditions for transfer of the inmate to post-release supervision, a victim, or his or her next of kin in cases in which the victim is unable to express his or her desire, who has expressed the desire to be consulted by the Post-Prison Transfer Board shall be notified of the date, time, and place of the transfer hearing. (2) (A) A victim or his or her next of kin who desires to be consulted by the Post-Prison Transfer Board under this section shall inform the Post-Prison Transfer Board of his or her desire to be consulted in writing at the time of sentence. (B) A victim or his or her next of kin who does not inform the Post-Prison Transfer Board of his or her desire to be consulted as required under subdivision (c)(2)(A) of this section is not required to be notified by the Post-Prison Transfer Board. (3) (A) Victim input to the Post-Prison Transfer Board under this section is limited to oral or written recommendations on conditions relevant to the inmate under review for transfer to post-release supervision. (B) The oral or written recommendations received under this subsection are not binding on the Post-Prison Transfer Board but are given due consideration within the resources available for transfer to post-release supervision.

Legislative History

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.