HB 509

Under existing law, the Department of Corrections is authorized to adopt rules and policies permitting the commissioner to set criteria for when inmates are eligible to participate in work release programs

This bill would create a new classification exception to allow for certain inmates to be eligible to participate in work release programs

Relating to work release; to amend Section 14-8-2, Code of Alabama 1975, to create a new classification exception to allow certain inmates to be eligible to participate in work release programs.

Section 1

Section 14-8-2, Code of Alabama 1975, is amended to read as follows:

§14-8-2.

(a) The board department is authorized to may adopt regulations rules and policies permitting the commissioner to extend the limits of the place of confinement of an inmate, as to whom there is reasonable cause to believe he will know his trust, by authorizing him or her, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to work at paid employment while continuing as an inmate of the institution or facility in which he or she shall be confined except during the hours of his or her employment or seeking of employment and traveling thereto and therefrom to and from. Inmates shall participate in paid employment at the discretion of the board.

(b) The board department may adopt regulations rules as to the eligibility of those inmates who are classified as minimum security risks for the extension of confinement or the entering into agreement between the board and any city, county or federal agency for the housing of these inmates in a local place of confinement. The board shall department, as the need becomes evident, shall designate and adapt facilities in the state prison system to accomplish the purpose of this article.

(c) The board shall adopt rules and policies establishing a new classification exception for certain inmates to be eligible to participate in work release, as provided in this subsection. Except for inmates who are sentenced to life without the possibility of parole, has been convicted of a sex offense as defined in Section 15-20A-5, or has been convicted of a violent offense as defined in Section 12-25-32, any inmate, regardless of the offense for which he or she has been convicted, shall be eligible to participate in a work release program if he or she meets all of the following criteria:

(1) Has completed 85 percent of his or her sentence.

(2) Has completed his or her course of study and has received certification in that course of study.

(3) Has received a certification of eligibility by completion of program course of study or certification to participate in a work release program by the president of the school or college.

(4) Is seeking employment in the field where he or she is certified."

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.