12-48.1-02. Conditions of eligibility for release programs
1. An offender, except an offender sentenced to a penalty of life imprisonment without the
opportunity for parole as the result of conviction of a class AA felony under section
12.1-20-03 or of murder under section 12.1-16-01, may be eligible for programs
outside facilities under the control of the department of corrections and rehabilitation
when the department determines the offender is not a high security risk, not likely to
commit a crime of violence, and is likely to be rehabilitated by such program. An
offender may apply to the director of the department for permission to participate in
such programs.
2. The director of the department may authorize participation in outside programs for an
offender who has ten years or less remaining on a sentence and has been committed
to the legal and physical custody of the department. The parole board, with the
approval of the director of the department, may authorize participation in outside
programs for offenders who have more than ten years remaining on a sentence and
have been committed to the legal and physical custody of the department.
3. The offender shall submit a signed application which must include a statement that the
offender agrees to abide by all terms and conditions of the particular plan adopted for
the offender, and must include such other information as the parole board or the
director of the department may require.
4. The parole board may approve, disapprove, or defer action on an application approved
by the director of the department. The director of the department or the parole board
may revoke approval of the application at any time after granting the application. The
department shall prescribe rules of conduct and treatment for all offenders on release
programs.
5. The director of the department may grant short leaves, not to exceed seventy-two
hours, to offenders who have been committed to the legal and physical custody of the
department for ten years or less. The parole board, upon the approval of the director of
the department, may grant short leaves, not to exceed seventy-two hours, to offenders
committed to the legal and physical custody of the department for more than ten years.
6. All rules adopted by the parole board and the director of the department relating to
release programs and short leaves must conform, to the extent allowable by law, with
executive order no. 11755 issued by the President of the United States.
