83-962. Correctional system overcrowding emergency; director; Board of Parole; duties.

283 words·~1 min read·/ne/chapter-83/83-962

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A correctional system overcrowding emergency shall exist whenever the director certifies that the department's inmate population is over one hundred forty percent of operational capacity. The director shall so certify within thirty days after the date on which the population first exceeds one hundred forty percent of operational capacity.

(2)During a correctional system overcrowding emergency, the board shall immediately consider or reconsider committed offenders eligible for parole who have not been released on parole.

(3)Upon such consideration or reconsideration, and for all other consideration of committed offenders eligible for parole while the correctional system overcrowding emergency is in effect, the board shall order the release of each committed offender unless it is of the opinion that such release should be deferred because:

(a)The board has determined that it is more likely than not that the committed offender will not conform to the conditions of parole; or

(b)The board has determined that the committed offender's continued correctional treatment, medical care, or vocational or other training in the facility will substantially enhance the offender's capacity to lead a law-abiding life when released at a later date.

(4)In making the determination regarding the risk that a committed offender will not conform to the conditions of parole, the board shall take into account the factors set forth in subsection

(2)of section 83-1,114 and shall comply with the requirements of subsection

(3)of section 83-1,114 and section 83-196.01 .

(5)The board shall continue granting parole to offenders under this section until the director certifies that the population is at operational capacity. The director shall so certify within thirty days after the date on which the population first reaches operational capacity.