(a) (1) The Post-Prison Transfer Board may transfer to post-release supervision an eligible inmate who is confined in a correctional institution administered by the Division of Correction or the Division of Community Correction, if the board determines: (A) There is a reasonable probability that the eligible inmate can be transferred without detriment to the community or himself or herself; (B) The eligible inmate is able and willing to fulfill the obligations of a law-abiding citizen; and (C) That post-release supervision is in the best interest of society. (2) A transfer to post-release supervision under this section shall issue upon the adoption of an order of the board. (b) (1) Before ordering the transfer to post-release supervision of an eligible inmate under this section, the board, a hearing judge, or an investigator employed by the board shall interview the eligible inmate, unless a hearing is not required under §§ 16-93-1807 and 16-93-1808 . (2) The board shall consider the results of the risk and needs assessments of all applicants for transfer to post-release supervision. (3) Transfer to post-release supervision shall not be considered a reduction of a sentence or a pardon. (4) An inmate on post-release supervision shall remain: (A) In the legal custody of the Division of Correction; (B) Under the supervision of the Division of Community Correction; and (C) Subject to the orders of the board. Added by Act 2023, No. 659,§ 2, eff. 1/1/2024. (a) (1) The Post-Prison Transfer Board may transfer to post-release supervision an eligible inmate who is confined in a correctional institution administered by the Division of Correction or the Division of Community Correction, if the board determines: (A) There is a reasonable probability that the eligible inmate can be transferred without detriment to the community or himself or herself; (B) The eligible inmate is able and willing to fulfill the obligations of a law-abiding citizen; and (C) That post-release supervision is in the best interest of society. (2) A transfer to post-release supervision under this section shall issue upon the adoption of an order of the board. (b) (1) Before ordering the transfer to post-release supervision of an eligible inmate under this section, the board, a hearing judge, or an investigator employed by the board shall interview the eligible inmate, unless a hearing is not required under §§ 16-93-1807 and 16-93-1808 . (2) The board shall consider the results of the risk and needs assessments of all applicants for transfer to post-release supervision. (3) Transfer to post-release supervision shall not be considered a reduction of a sentence or a pardon. (4) An inmate on post-release supervision shall remain: (A) In the legal custody of the Division of Correction; (B) Under the supervision of the Division of Community Correction; and (C) Subject to the orders of the board. Added by Act 2023, No. 659,§ 2, eff. 1/1/2024. (a) (1) The Post-Prison Transfer Board may transfer to post-release supervision an eligible inmate who is confined in a correctional institution administered by the Division of Correction or the Division of Community Correction, if the board determines: (A) There is a reasonable probability that the eligible inmate can be transferred without detriment to the community or himself or herself; (B) The eligible inmate is able and willing to fulfill the obligations of a law-abiding citizen; and (C) That post-release supervision is in the best interest of society. (2) A transfer to post-release supervision under this section shall issue upon the adoption of an order of the board. (b) (1) Before ordering the transfer to post-release supervision of an eligible inmate under this section, the board, a hearing judge, or an investigator employed by the board shall interview the eligible inmate, unless a hearing is not required under §§ 16-93-1807 and 16-93-1808 . (2) The board shall consider the results of the risk and needs assessments of all applicants for transfer to post-release supervision. (3) Transfer to post-release supervision shall not be considered a reduction of a sentence or a pardon. (4) An inmate on post-release supervision shall remain: (A) In the legal custody of the Division of Correction; (B) Under the supervision of the Division of Community Correction; and (C) Subject to the orders of the board. Added by Act 2023, No. 659,§ 2, eff. 1/1/2024. (a) (1) The Post-Prison Transfer Board may transfer to post-release supervision an eligible inmate who is confined in a correctional institution administered by the Division of Correction or the Division of Community Correction, if the board determines: (A) There is a reasonable probability that the eligible inmate can be transferred without detriment to the community or himself or herself; (B) The eligible inmate is able and willing to fulfill the obligations of a law-abiding citizen; and (C) That post-release supervision is in the best interest of society. (2) A transfer to post-release supervision under this section shall issue upon the adoption of an order of the board. (1) The Post-Prison Transfer Board may transfer to post-release supervision an eligible inmate who is confined in a correctional institution administered by the Division of Correction or the Division of Community Correction, if the board determines: (A) There is a reasonable probability that the eligible inmate can be transferred without detriment to the community or himself or herself; (B) The eligible inmate is able and willing to fulfill the obligations of a law-abiding citizen; and (C) That post-release supervision is in the best interest of society. (A) There is a reasonable probability that the eligible inmate can be transferred without detriment to the community or himself or herself; (B) The eligible inmate is able and willing to fulfill the obligations of a law-abiding citizen; and (C) That post-release supervision is in the best interest of society. (2) A transfer to post-release supervision under this section shall issue upon the adoption of an order of the board. (b) (1) Before ordering the transfer to post-release supervision of an eligible inmate under this section, the board, a hearing judge, or an investigator employed by the board shall interview the eligible inmate, unless a hearing is not required under §§ 16-93-1807 and 16-93-1808 . (2) The board shall consider the results of the risk and needs assessments of all applicants for transfer to post-release supervision. (3) Transfer to post-release supervision shall not be considered a reduction of a sentence or a pardon. (4) An inmate on post-release supervision shall remain: (A) In the legal custody of the Division of Correction; (B) Under the supervision of the Division of Community Correction; and (C) Subject to the orders of the board. (1) Before ordering the transfer to post-release supervision of an eligible inmate under this section, the board, a hearing judge, or an investigator employed by the board shall interview the eligible inmate, unless a hearing is not required under §§ 16-93-1807 and 16-93-1808 . (2) The board shall consider the results of the risk and needs assessments of all applicants for transfer to post-release supervision. (3) Transfer to post-release supervision shall not be considered a reduction of a sentence or a pardon. (4) An inmate on post-release supervision shall remain: (A) In the legal custody of the Division of Correction; (B) Under the supervision of the Division of Community Correction; and (C) Subject to the orders of the board. (A) In the legal custody of the Division of Correction; (B) Under the supervision of the Division of Community Correction; and (C) Subject to the orders of the board.
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