CHAPTER 24-8
WORK RELEASE PROGRAMS
24-8-1 Conditional release of inmates--Continued supervision and paid employment--Educational programs--Termination of release.
24-8-2 24-8-2. Repealed by SL 1973, ch 158, § 2
24-8-3 Confinement during nonwork periods.
24-8-4 Agreements with other state agencies and political subdivisions for housing employed inmates.
24-8-5 Rules for administration of release program.
24-8-6 Failure of inmate to report constitutes escape.
24-8-7 24-8-7. Repealed by SL 1989, ch 20, § 147
24-8-8 Disposition of inmate's earnings.
24-8-9 Disbursements to defray inmate's obligations--Priority of disbursements.
24-8-9.1 Operation of motor vehicle by inmate.
24-8-10 Earnings exempt from seizure.
24-8-11 Charges for room and board--Disposition of amounts received.
24-8-12 24-8-12. Repealed by SL 1989, ch 20, § 151
24-8-13 Conditionally released inmate not agent of state.
24-8-1. Conditional release of inmates--Continued supervision and paid employment--Educational programs--Termination of release.
The Department of Corrections may conditionally release selected inmates and may extend the limits of the place of confinement of such inmates of a state correctional facility. If the warden determines that the character and attitude of an inmate reasonably indicate that the inmate may be so trusted, the warden may release and provide for continued supervision of such an inmate to work at paid employment, or to participate in vocational training or other educational programs in the community after such employment or program has been investigated and approved pursuant to rules promulgated by the Department of Corrections. The warden may, with or without cause, terminate or suspend any such release.
Source: SL 1967, ch 32, § 1; SL 1973, ch 158, § 1; SL 1989, ch 20, § 142; SL 2004, ch 168, § 35; SL 2023, ch 82, § 78.
24-8-3. Confinement during nonwork periods.
Any inmate released pursuant to § 24-8-1 shall be confined in the institution from which released or some other suitable place of confinement approved by the warden. Such confinement shall be for such periods of time that such inmate is not actually working at his or her employed job, seeking employment, or engaging in a vocational training or other educational program.
Source: SL 1967, ch 32, § 1; SL 1989, ch 20, § 143; SL 2004, ch 168, § 36.
24-8-4. Agreements with other state agencies and political subdivisions for housing employed inmates.
The secretary of corrections may enter into agreements with other agencies of the state and the political subdivisions for the confinement and the providing of other services for those inmates whose employment or vocational training or other educational programs so require, and such agencies of the state and the political subdivisions may enter into such agreements.
Source: SL 1967, ch 32, § 2; SL 1989, ch 20, § 144; SL 2023, ch 82, § 79.
24-8-5. Rules for administration of release program.
The Department of Corrections may promulgate rules, pursuant to chapter 1-26, for the placement, supervision, and confinement of inmates and for the administration of the programs authorized by this chapter.
Source: SL 1967, ch 32, § 3; SL 1989, ch 20, § 145.
24-8-6. Failure of inmate to report constitutes escape.
The failure of an inmate to report to or return from planned employment, the seeking of employment, or vocational training constitutes escape, and such inmate shall be charged therefor.
Source: SL 1967, ch 32, § 4; SL 2004, ch 168, § 37.
24-8-8. Disposition of inmate's earnings.
The earnings of inmates released under this chapter shall be assigned and paid to the Department of Corrections.
Source: SL 1967, ch 32, § 5; SL 1989, ch 20, § 148; SL 2006, ch 138, § 1.
24-8-9. Disbursements to defray inmate's obligations--Priority of disbursements.
The Department of Corrections shall place all earnings in the inmate's account and make disbursements therefrom in the priority set forth below:
(1) The board and room charges of the inmate;
(2) Necessary travel expenses and other incidental expenses of the inmate related to the inmate's release program;
(3) Support of the inmate's legal dependents;
(4) Payments on fines and restitution;
(5) Payments of personal debts and obligations upon proper proof and at the discretion of the inmate;
(6) The balance, if any, to be retained in the inmate's account and paid to the inmate upon parole or discharge.
Source: SL 1967, ch 32, § 5; SL 1989, ch 20, § 149; SL 2004, ch 168, § 38; SL 2006, ch 138, § 2.
24-8-9.1. Operation of motor vehicle by inmate.
No inmate engaged in work-release activities may drive or operate a motor vehicle unless the inmate has established to the satisfaction of the sheriff or warden that the inmate is in compliance with § 32-35-113.
Source: SL 1989, ch 215; SL 2004, ch 168, § 39.
24-8-10. Earnings exempt from seizure.
The earnings of inmates under this chapter are not subject to garnishment, attachment, or execution either in the hands of the employer or an agent authorized to hold or transmit such moneys.
Source: SL 1967, ch 32, § 5; SL 2004, ch 168, § 40.
24-8-11. Charges for room and board--Disposition of amounts received.
The secretary of corrections shall determine the amount to be paid for board and room by each work release inmate. If special circumstances warrant or for a just and reasonable cause, the secretary of corrections may waive the payment of board and room charges.
All the board and room charges paid to the Department of Corrections for confinement shall be deposited in the general fund.
Source: SL 1967, ch 32, § 6; SL 1989, ch 20, § 150; SL 2006, ch 138, § 3; SL 2016, ch 140, § 1.
24-8-13. Conditionally released inmate not agent of state.
No inmate being employed or trained in the community under the provisions of this chapter is an agent, employee, or involuntary servant of the Department of Corrections while released pursuant to the provisions of this chapter.
Source: SL 1967, ch 32, § 4; SL 1989, ch 20, § 152.
