§ 16-93-211 — Early release to transitional housing facilities - Definition

(a) (1) As used in this section, "transitional housing" means a program that provides housing for one (1) or more offenders who have been: (A) Paroled or transferred to post-release supervision from the Division of Correction by the Post-Prison Transfer Board; (B) Placed on probation by a circuit court or district court; or (C) Administratively transferred from the Division of Correction to the Division of Community Correction for participation in a reentry program. (2) An offender's home or the residence of an offender's family member shall not be considered a transitional housing facility for purposes of this section. (b) (1) To assist an offender who will be eligible for parole, post-release supervision, or transfer to successfully reintegrate into the community, the board is authorized to place the offender into approved transitional housing up to one (1) year prior to the offender's date of eligibility for parole or transfer. (2) Subject to conditions of release and consistent with rules promulgated by the board, placement in a transitional housing facility must be preceded by: (A) The provision of all applicable notices under § 16-93-615 ; and (B) A hearing conducted by the board. (c) The decision to place an offender in transitional housing and the establishment of conditions of release by the board must be based on a reasoned, rational plan developed in conjunction with an accepted risk-needs assessment tool such that each placement decision is based on: (1) Established criteria; and (2) A determination that there is a reasonable probability that an offender can be placed in a transitional housing facility without detriment to: (A) The community; or (B) The offender. (d) Conditions of release imposed by the board must at a minimum include a curfew requiring an offender placed in transitional housing to present himself or herself at a scheduled time to be confined in the transitional housing facility. (e) An offender placed in transitional housing by the board will be supervised by officers of the Division of Community Correction. (f) An offender who without permission leaves the custody of the transitional housing facility in which he or she is placed may be subject to criminal prosecution for first degree escape, § 5-54-110 , second degree escape, § 5-54-111 , and third degree escape, § 5-54-112 . (g) Revocation of placement in transitional housing must follow the revocation proceedings established in § 16-93-705 .

Legislative History

Amended by Act 2023, No. 659,§ 176, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 175, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 894, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 893, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 892, eff. 7/1/2019. Amended by Act 2015, No. 146,§ 2, eff. 7/22/2015. Acts 2005, No. 679, § 1; 2011, No. 570, § 89.