41-1604.18. Community reentry work program; eligibility; victim notification; compensation; violation; classification; program termination

A. The director may authorize an eligible inmate who is within ninety days of the inmate's earliest release date to participate in a community reentry work program. The director shall adopt rules to implement the community reentry work program, including eligibility criteria for the selection of inmates. To be eligible, at a minimum, the inmate must:

1. Not have been convicted at any time of any of the following:

(a) A violation of title 13, chapter 13, 14 or 17.

(b) A violent crime as defined in section 13-901.03.

(c) A dangerous crime against children as defined in section 13-705.

2. Not currently be serving a sentence for a domestic violence offense pursuant to section 13-3601.

3. Be classified by the department as a low risk to the community.

4. Not have any felony detainers or United States immigration and customs enforcement detainers.

5. Not have previously escaped or attempted to escape from a secure or nonsecure jail or prison facility or environment.

6. Have made satisfactory progress on the inmate's individualized corrections plan as determined by the department.

7. Have maintained civil behavior while incarcerated as determined by the department.

8. Be current on any restitution payments ordered by a court pursuant to section 13-603.

9. Have a need and ability to benefit from a community reentry work program as determined by the department.

B. The department must notify and afford an opportunity to be heard to the victim of the offense for which the inmate is incarcerated if the victim has provided a current address or other contact information. The notice must include the name of the inmate, the offense for which the inmate was sentenced, the length of the sentence and the date of admission to the custody of the department. The notice must inform the victim of the victim's right to submit a written statement to the director expressing the victim's opinion on the inmate's participation in the community reentry work program within twenty days after the department has mailed the notice to the victim.

C. An inmate who participates in the community reentry work program must:

1. Comply with all community reentry work program rules and any other terms and conditions that the director requires.

2. Maintain gainful employment.

3. Continue to make any court-ordered restitution payments.

4. Agree to provide all compensation that the inmate receives while participating in the program to the department for deposit in the inmate's account.

D. The director may remove an inmate from the community reentry work program if the director determines that the inmate has failed to comply with any program rule, term or condition or that the best interests of the state would be served by removing the inmate from the community reentry work program.

E. Sections 31-254 and 41-1624.01 do not apply to the compensation that an inmate earns while in the community reentry work program. The department is authorized to charge and collect a percentage of the inmate's compensation, as determined by the director, for the cost of the inmate's room and board. The director may deduct monies from the inmate's account to pay restitution, costs and fines that are owed by the inmate.

F. An inmate who is absent without leave from a facility in the community reentry work program is guilty of a class 5 felony. The sentence for a violation of this section shall be served consecutively pursuant to section 13-711, subsection B.

G. The program established by this section ends on July 1, 2026 pursuant to section 41-3102.