(a)(1) (A) The Division of Community Correction may sanction offenders on post-release supervision administratively without utilizing the revocation process under § 16-93-1908 .
(B)An administrative sanction as described in subdivision (a)(1)(A) of this section is an intermediate sanction and is not a revocation of post-release supervision.
(2)(A) The Division of Community Correction shall develop an intermediate sanctions procedure and an intermediate sanctions grid to guide a community supervision officer in determining the appropriate response to a violation of the conditions of supervision.
(B)Intermediate sanctions administered by the Division of Community Correction shall conform to the intermediate sanctions grid.
(C)The intermediate sanctions grid shall include:
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(a) (1) (A) The Division of Community Correction may sanction offenders on post-release supervision administratively without utilizing the revocation process under § 16-93-1908 . (B) An administrative sanction as described in subdivision (a)(1)(A) of this section is an intermediate sanction and is not a revocation of post-release supervision. (2) (A) The Division of Community Correction shall develop an intermediate sanctions procedure and an intermediate sanctions grid to guide a community supervision officer in determining the appropriate response to a violation of the conditions of supervision. (B) Intermediate sanctions administered by the Division of Community Correction shall conform to the intermediate sanctions grid. (C) The intermediate sanctions grid shall include: (i) An assignment of point values to commonly occurring violations of terms of post-release supervision or criminal behavior; (ii) An assignment of point values to behaviors that decrease the likelihood of recidivism including without limitation: (a) Education; (b) Workforce development; (c) Community service; and (d) Behavioral health programming; (iii) Details on the mechanisms by which points are accumulated and reduced; and (iv) Guidance on which intermediate sanctions should be applied at which points thresholds. (3) Intermediate sanctions shall include without limitation: (A) Community service; (B) Increased substance abuse screening and treatment; (C) Increased monitoring, including electronic monitoring and home confinement; and (D) (i) Incarceration in a county or regional jail for no more than seven (7) days or incarceration in a Division of Correction facility or a Division of Community Correction facility for no more than ninety (90) days. (ii) (a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an offender on post-release supervision. (b) If an offender on post-release supervision accumulates more than thirty (30) days' incarceration in a county or regional jail or more than three hundred sixty (360) days' incarceration in a Division of Correction facility or a Division of Community Correction facility as an intermediate sanction, the community supervision officer shall recommend a revocation of the offender's post-release supervision under § 16-93-1908 . (c) An offender shall not be incarcerated more than two (2) times as a result of an intermediate sanction in a Division of Correction facility during any two-year period. (4) The Division of Community Correction shall: (A) Notify the Post-Prison Transfer Board in writing when an offender has been incarcerated due to an intermediate sanction under this subsection; (B) Include an explanation of the cause for incarceration; and (C) Include the result of the intermediate sanction, if applicable. (b) Any time in custody for which the offender on post-release supervision is held, before a period of incarceration under this section is administered, does not count as a period of incarceration ordered toward the total accumulation of days of incarceration as stated in subsection (a) of this section. (c) A period of incarceration under this section: (1) May be reduced by the Department of Corrections for good behavior and successful program completion; and (2) Shall not be reduced under this section for more than fifty percent (50%) of the total time of incarceration ordered to be served. (d) (1) An offender subject to an intermediate sanction under subsection (a) of this section does not have the right to an attorney at the intermediate sanction hearing. (2) This subsection does not prohibit an offender from conferring with a privately retained attorney during the intermediate sanction process.