§ 3-801

(a) The Division may establish a work–release program.

(b) Under the work–release program, an incarcerated individual who is sentenced to the jurisdiction of the Division may be granted the privilege of leaving actual confinement during necessary and reasonable hours:

(1) to work at gainful public or private employment;

(2) to attend school; or

(3) under appropriate conditions, to seek employment.

(c) (1) An incarcerated individual may apply to the warden of the correctional facility in which the incarcerated individual is confined for permission to participate in the program.

(2) An application shall include:

(i) a statement by the incarcerated individual that the incarcerated individual agrees to abide by all terms and conditions of the particular plan that the Commissioner or the Commissioner’s designee adopts for the incarcerated individual;

(ii) the name and address of a proposed employer or school training program, if any; and

(iii) any other information that the Division or the Commissioner requires, including the incarcerated individual’s agreement to waive the right to contest extradition proceedings.

(d) (1) A warden may recommend an incarcerated individual’s application to the Commissioner.

(2) The Commissioner or the Commissioner’s designee may approve, disapprove, or defer action on the application.

(3) If an incarcerated individual’s application is approved, the Commissioner or the Commissioner’s designee shall adopt a work–release plan for the incarcerated individual that:

(i) contains terms and conditions that are necessary and proper;

(ii) may include the incarcerated individual’s waiver of the right to contest extradition proceedings; and

(iii) is signed by the incarcerated individual before the incarcerated individual participates in the work–release program.

(4) At any time and for any reason, the Commissioner may revoke approval for an incarcerated individual to participate in the work–release program.