§353-36 Release of misdemeanants to prevent overcrowding. [Section repealed July 1, 2020. L 2016, c 217, §8.] (a) Notwithstanding chapter 804 and any other law to the contrary and except as provided in subsection (b), the director may order the release of a misdemeanant on recognizance to prevent overcrowding when a community correctional center has reached capacity, as determined by the director. The director shall consider the circumstances and nature of the misdemeanant's charge or offense prior to ordering a release pursuant to this section. The director's order shall supersede and have the same force and effect as an order entered by a court pursuant to chapter 804. For purposes of this section and section 353-37, "misdemeanant" means a person incarcerated at a community correctional center who has been charged with a petty misdemeanor or misdemeanor, or an incarcerated person who has been sentenced pursuant to section 706-663.

(b) No person who is incarcerated under any of the following circumstances shall be eligible for release pursuant to this section:

(1) The person has been denied bail or whose bail has been set at more than $5,000 pursuant to chapter 804;

(2) The person is charged with or convicted of or is on probation or parole for a serious crime, as defined in section 804-3;

(3) The person has been arrested or convicted for abuse of family or household members, as defined in section 709-906; or

(4) Other than the offense for which release is contemplated under this section, the person has been previously convicted of any offense, as defined in title 37, that involves injury or threat of injury to the person of another, including but not limited to sexual harassment in the fourth degree, harassment by stalking, violation of an order of protection, or violation of a temporary restraining order.

(c) The authority to release a misdemeanant pursuant to this section is granted solely for the purpose of managing the population of the community correctional centers. Nothing in this section shall be construed as granting any person the right to be released. An order releasing a misdemeanant pursuant to this section shall not operate to dismiss or otherwise terminate any charges then pending against the misdemeanant.

(d) The director shall notify the court where the case is assigned and the prosecuting attorney of the release of any misdemeanant pursuant to this section not later than forty-eight hours prior to the time of the actual release.

(e) The State or any of its officers and employees shall not be subject to any civil liability or penalty nor to any criminal prosecution for any error in judgment or discretion made in good faith and upon reasonable grounds in any action taken or omitted by the State or any of its officers and employees acting in their official capacity pursuant to this section.

(f) The director shall adopt policies and procedures for the release of misdemeanants pursuant to this section. [L 2016, c 217, pt of §1]

Note

Section applies only to persons charged with offenses subject to sentencing in §706-663, on or after July 1, 2016. L 2016, c 217, §4.