41-1604.06. Earned release credit eligibility certification; classifications; appeal

A. The director shall develop and maintain an earned release credit eligibility classification system. Within such system, the director shall establish one class of earned release credit eligibility to be given effect as provided for in this section and as many other classes of noneligibility as he deems necessary or desirable. Each person committed to the state department of corrections shall be classified pursuant to the earned release credit eligibility system established by the director.

B. The director shall establish rules pursuant to chapter 6 of this title for the classification and certification of prisoners for purposes of earned release credit. An inmate who is placed in a parole eligible classification is also eligible for certification for absolute discharge from imprisonment. Upon commitment to the state department of corrections each person shall be initially placed in the earned release credit noneligible class. Reclassification and certification shall be based on factors related to a prisoner's record while in the custody of the department, including work performance, compliance with all rules of the department, progress in any appropriate education, training or treatment programs and the performance of any assignments of confidence or trust. The director shall also establish rules governing the procedures and performance standards by which prisoners, classified to noneligibility classifications, may earn eligibility classification. Prisoners may be reclassified only pursuant to the rules of the department. The director shall distribute a copy of all such rules to each person committed to the department.

C. Every prisoner shall be entitled to a hearing prior to reclassification of such prisoner to a noneligible earned release credit class. The hearing shall be before a person or persons designated by the director to hold such hearings. Reasonable notice and a written statement of the alleged violation of the rules shall be distributed to the prisoner at least five days prior to the hearing. A prisoner may request a review of a decision to reclassify the prisoner by delivering a written request to the director.