16-22-1. Definitions.

461 words·~2 min read·/sd/title-16/chapter-16-22/16-22-1

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

Terms used in chapters 1-15 , 1-54 , 16-14 , 16-22 , 23A-27 , 23A-47 , 24-15 , 24-15A , and 32-23 mean:

(1)"Alcohol or drug accountability program," the 24/7 program or the HOPE program described in §§ 16-22-8 and 16-22-9 ;

(2)"Board," the Board of Pardons and Paroles;

(3)"Case plan," an individualized, documented accountability and behavior change strategy that:

(a)Matches the type and intensity of supervision to the assessed risk of reoffending;

(b)Targets and prioritizes the specific criminal risk factors of the individual, with attention to addressing barriers to learning and participation; and

(c)Establishes a timetable for achieving specific behavioral goals, including a schedule for payment of victim restitution, child support, and other financial obligations;

(4)"Court-ordered financial obligation," money that an offender is required to pay and can include restitution, fines, costs, and fees, but does not include child support payments;

(5)"Criminal risk factors," characteristics and behaviors that, when addressed or changed, affect a person's risk for committing crimes. The term includes: antisocial behavior; antisocial personality; criminal thinking; criminal associates; dysfunctional family; low levels of employment or education; poor use of leisure and recreation; and substance abuse;

(6)"Department," the Department of Corrections;

(7)"Evidence-based practices," supervision policies, procedures, and practices and treatment and intervention programs and practices that scientific research demonstrates reduce recidivism among individuals under correctional supervision;

(8)"Outcome measure," a metric that captures an agency's effectiveness in impacting a condition within the population served or condition of public safety;

(9)"Oversight council," the council established by § 16-22-21 ;

(10)"Parolee," an offender under parole or suspended sentence supervision by the Department of Corrections;

(11)"Performance measure," a metric that captures agency performance on critical variables that are central to accomplishing the agency mission and goals within this chapter;

(12)"Recidivism," a return to prison within three years of release due to a parole or suspended sentence violation or due to a prison sentence as a result of a new felony conviction. However, for the purposes of §§ 16-22-3 , 16-22-15 , and 16-22-24 , the term means being convicted of a felony while on probation supervision or within three years after discharge from probation;

(13)"Risk and needs assessment review," an examination of the results of a validated risk and needs assessment;

(14)"Secretary," the secretary of the Department of Corrections;

(15)"Treatment," when used in a criminal justice context, targeted interventions that focus on criminal risk factors in order to reduce the likelihood of criminal behavior and reflect evidence based practices;

(16)"Validated risk and needs assessment," an actuarial tool scientifically proven to determine a person's risk to reoffend and criminal risk factors, that when addressed, can reduce the person's likelihood of engaging in future criminal behavior.