§ 16-93-1906 — Post-release supervision - Generally

(a) (1) The Director of the Division of Community Correction with the advice of the Board of Corrections shall establish written policies and procedures governing the supervision of offenders released to a term of post-release supervision by the Post-Prison Transfer Board. (2) The policies and procedures established under subdivision (a)(1) of this section shall be designed to enhance public safety and to assist the offenders in reintegrating into society. (3) (A) Supervision of offenders on post-release supervision shall be based on evidence-based practices. (B) Decisions concerning supervision of offenders shall target the offender's criminal risk factors with appropriate supervision and treatment. (4) The Division of Community Correction shall assume supervisory responsibilities over an offender when the offender is lawfully set at liberty from the Division of Correction. (b) (1) An offender assigned to a term of post-release supervision shall be supervised by a community supervision officer employed by the Division of Community Correction. (2) A community supervision officer shall: (A) Investigate all cases referred to him or her by the Post-Prison Transfer Board, the Division of Community Correction, or the prosecuting attorney; (B) Furnish each offender on post-release supervision a written statement of the conditions of post-release supervision and instruct the offender that he or she is required to stay in compliance with the conditions of post-release supervision or risk revocation under § 16-93-1908 ; (C) Develop a case plan for each offender who is determined to be a moderate risk or high risk to reoffend that: (i) Is based on the risk and needs assessment under § 16-93-1807 and targets the criminal risk factors identified in the risk and needs assessment; (ii) Is responsive to the individual characteristics of the offender; and (iii) Provides a strategy for the supervision of the offender according to that case plan; (D) Stay informed of the conduct and condition of each offender assigned to the community supervision officer through: (i) Visitation; (ii) Required reporting; or (iii) Other methods and reporting to the sentencing court of the information described in subdivisions (b)(2)(D)(i) and (ii) of this section upon request; (E) Use practicable and suitable methods that are consistent with evidence-based practices to aid and encourage an offender on post-release supervision to improve his or her conduct and condition and to reduce the risk of recidivism; (F) (i) Conduct a validated risk and needs assessment of the offender on post-release supervision, including without limitation criminal risk factors and specific individual needs. (ii) The validated risk and needs assessment shall include an initial screening and, if necessary, a comprehensive assessment. (iii) The results of the validated risk and needs assessment under § 16-93-1807 shall assist in making decisions that are consistent with evidence-based practices on the type of supervision and services necessary for each offender; and (G) Receive annual training on evidence-based practices and criminal risk factors as well as instruction on how to target criminal risk factors to reduce recidivism. (c) (1) The Division of Community Correction shall allocate resources, including assignment of community supervision officers, to focus on moderate-risk and high-risk offenders as determined by the validated risk and needs assessment provided under this section. (2) The Division of Community Correction shall require public and private treatment and service providers to use evidence-based programs and practices if the public and private treatment and service providers receive state funds for the treatment of or service of offenders on post-release supervision.

Legislative History

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