31-233. Order for removal; purposes; duration; continuous alcohol monitoring program; failure to return; classification

A. The director may authorize the temporary removal under custody from prison or any other institution for the detention of adults under the jurisdiction of the department of any inmate for the purpose of employing the inmate in any work directly connected with the administration, management or maintenance of the prison or institution in which the inmate is confined, for purposes of cooperating voluntarily in medical research that cannot be performed at the prison or institution, or for participating in community action activities directed toward delinquency prevention and community betterment programs. The removal shall not be for a period longer than one day.

B. Under specific rules established by the director for the selection of inmates, the director may also authorize furlough, temporary removal or temporary release of any inmate for compassionate leave, for the purpose of furnishing to the inmate medical treatment not available at the prison or institution, for purposes preparatory to a return to the community within ninety days of the inmate's release date or for disaster aid, including local mutual aid and state emergencies. When an inmate is temporarily removed or temporarily released for a purpose preparatory to return to the community or for compassionate leave, the director may require the inmate to reimburse the state, in whole or part, for expenses incurred by the state in connection with the inmate's temporary removal or release.

C. Under specific rules established by the director for the selection of inmates, the director also may authorize release under a continuous alcohol monitoring program for any inmate who is sentenced pursuant to section 28-1383, subsection D or E and who is placed on probation. The director may require an inmate who is released under a continuous alcohol monitoring program to reimburse the state, in whole or part, for expenses incurred by the state in connection with the inmate's release.

D. An inmate who is released under a continuous alcohol monitoring program shall meet the following program eligibility requirements:

1. Serve an initial minimum term of twenty per cent of the inmate's term of incarceration.

2. Maintain compliance during the period of monitoring with all of the following requirements:

(a) At a minimum, once a day testing for the use of alcoholic beverages or drugs by a scientific method that is chosen by the director.

(b) Participation in an alcohol or drug program, or both. These programs shall be accredited by the department of health services.

(c) Prohibition of association with any person who is determined to be detrimental to the inmate's successful participation in the program.

(d) All other provisions of the inmate's sentence.

3. Any additional eligibility criteria that the director may impose.

E. Except if community supervision is waived pursuant to section 13-603, subsection K, the department shall add the amount of time the director approves for the inmate's temporary release to the inmate's term of community supervision imposed by the court pursuant to section 13-603. While the person is on temporary release the person is not on inmate status and is under the jurisdiction of the department until the terms of community supervision are met.

F. Any inmate who knowingly fails to return from furlough, temporary removal or temporary release granted under this section is guilty of a class 5 felony.