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This entry was published on 2021-08-13
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Residential treatment facilities
Correction (COR) CHAPTER 43, ARTICLE 4
§ 73. Residential treatment facilities. 1. The commissioner may
transfer any incarcerated individual of a correctional facility who is
eligible for community supervision or who will become eligible for
community supervision within six months after the date of transfer or
who has one year or less remaining to be served under his or her
sentence to a residential treatment facility and such person may be
allowed to go outside the facility during reasonable and necessary hours
to engage in any activity reasonably related to his or her
rehabilitation and in accordance with the program established for him or
her. While outside the facility he or she shall be at all times in the
custody of the department and under its supervision.

2. The department shall be responsible for securing appropriate
education, on-the-job training and employment for incarcerated
individuals transferred to residential treatment facilities. The
department also shall supervise such incarcerated individuals during
their participation in activities outside any such facility and at all
times while they are outside any such facility.

3. Programs directed toward the rehabilitation and total reintegration
into the community of persons transferred to a residential treatment
facility shall be established. Each incarcerated individual shall be
assigned a specific program by the superintendent of the facility and a
written memorandum of such program shall be delivered to him or her.

4. If at any time the superintendent of a residential treatment
facility is of the opinion that any aspect of the program assigned to an
individual is inconsistent with the welfare or safety of the community
or of the facility or its incarcerated individuals, the superintendent
may suspend such program or any part thereof and restrict the
incarcerated individual's activities in any manner that is necessary and
appropriate. Upon taking such action the superintendent shall promptly
notify the commissioner and pending decision by the commissioner, the
superintendent may keep such incarcerated individual under such security
as may be necessary.

5. The commissioner may at any time and for any reason transfer an
incarcerated individual from a residential treatment facility to another
correctional facility.

6. Where a person who is an incarcerated individual of a residential
treatment facility absconds, or fails to return thereto as specified in
the program approved for him or her, he or she may be arrested and
returned by an officer or employee of the department or by any peace
officer, acting pursuant to his or her special duties, or police officer
without a warrant; or a member of the board of parole or an officer
designated by such board may issue a warrant for the retaking of such
person. A warrant issued pursuant to this subdivision shall have the
same force and effect, and shall be executed in the same manner, as a
warrant issued for violation of community supervision.

7. The provisions of this chapter relating to good behavior allowances
and conditional release shall apply to behavior of incarcerated
individuals while assigned to a residential treatment facility for
behavior on the premises and outside the premises of such facility and
good behavior allowances may be granted, withheld, forfeited or
cancelled in whole or in part for behavior outside the premises of the
facility to the same extent and in the same manner as is provided for
incarcerated individuals within the premises of any facility.

8. The state board of parole may grant parole to any incarcerated
individual of a residential treatment facility at any time after he or
she becomes eligible therefor. Such parole shall be in accordance with
provisions of law that would apply if the person were still confined in
the facility from which he or she was transferred, except that any
personal appearance before the board may be at any place designated by
the board.

9. The earnings of any incarcerated individual of a residential
treatment facility shall be dealt with in accordance with the procedure
set forth in section eight hundred sixty of this chapter.

10. The commissioner is authorized to use any residential treatment
facility as a residence for persons who are on community supervision.
Persons who reside in such a facility shall be subject to conditions of
community supervision imposed by the board.