Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/mpc/p304.asc

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training of young adult offenders, as defined in Section 6.05,
providing, if need be by separate units, for diversified security
and custody;

     (e) a medical-correctional facility to keep prisoners with
difficult or chronic medical and psychiatric problems, which, if
the number of persons committed to the Department reaches  ], is
a separate institution;

    (f) one or more institutions for female prisoners committed
to the Department, providing, if need be by separate units, for
diversified security and custody;

    (g) one or more state misdemeanant institutions for
misdemeanants committed to the Department [for an extended term],
providing, if need be by separate units, for diversified security
and custody].

    (3) When the Director of Correction finds that certain
classes or categories of persons committed to the Department
require specialized treatment, or treatment of a kind that it is
not feasible to provide within the state correctional system, the
Director of Correction shall seek to place such prisoners in
institutions providing such treatment in another jurisdiction,
and may agree to pay reimbursement therefor. A prisoner so
transferred to an out-of-state institution shall be subject to
the rules and regulations of such institution concerning the
custody, conduct and discipline of its inmates, but shall remain
subject to the provisions of this Code concerning his term,
reduction of term for good behavior, and release on parole.



304.3. Central Prisoner File; Treatment, Classification

and Reclassification in Institutions

    (1) The Warden or other administrative head of a
correctional institution shall establish and maintain, in
accordance with the regulations of the Department, a central file
in the institution containing an individual file for each
prisoner. Each prisoner's file shall include: (a) his admission
summary; (b) his pre-sentence investigation report; (c) the
report and recommendation of the Reception Classification Board;
(d) the official records of his conviction and commitment as well
as earlier criminal records, if any; (e) progress reports and
admission-orientation reports from treatment and custodial staff;
(f) reports of his disciplinary infractions, and of their
disposition; (g) his parole plan, prepared in accordance with
Section 305.7; and (h) other pertinent data concerning his
background, conduct, associations, and family relationships. Each
prisoner's file shall be carefully reviewed before any decision
is made concerning his classification, reclassification, or
parole release. The content of the prisoners' files shall be
confidential and shall not be subject to public inspection except

by court order for good cause shown and shall not be accessible
to prisoners in the institution.

    (2) The Warden or other administrative head in each
correctional institution shall appoint a Treatment Classification
Committee with himself or his representative as chairman, and
consisting of representatives of the treatment, custodial, and
parole services, of medical, psychiatric or psychological
personnel, of personnel concerned with the education and
vocational training of inmates, and of such other persons as he
may designate. Members of the Treatment Classification Committee
shall serve at the pleasure of the Warden or other administrative
head.

    (3) When a prisoner is transferred to a correctional
institution from a reception center or from any other
institution, the Classification Committee of such receiving
institution shall, within [two] months of receiving the prisoner,
study his presentence investigation report, his criminal history
and escape record, if any, the report of the Reception
Classification Board, the admission-orientation reports of the
custodial and treatment officers of the institution, the
attitudes and preferences of the prisoner, and such other
relevant information as may be available in the prisoner's file
or from other sources and shall aid the Warden or other
administrative head of the institution in determining the
prisoner's program of treatment, training, employment, care and
custody.

    (4) The Classification Committee, or a subcommittee thereof
designated by the Warden or other administrative head, shall
review the program of each prisoner at regular intervals and
whenever a member of the Committee so requests, and shall
recommend to the Warden such changes in the prisoner's program of
treatment, training, employment, care and custody as it considers
necessary or desirable.

    (5) Approximately [three] months before a prisoner will be
considered by the Board of Parole for release on parole, the
Classification Committee shall re-examine the prisoner's
individual file, shall prepare a report summarizing and
evaluating the prisoner's progress, and may recommend to the
Warden or other administrative head (a) that the prisoner be
reclassified for pre-parole preparation at that institution or at
another institution after transfer thereto or (b) that the
prisoner's reclassification for pre-parole preparation be
postponed, for a definite or indefinite period of time, stating
the reason for such recommendation in the record.  A copy of the
Classification Committee's report shall be forwarded to the Board
of Parole and shall be available to such Board in advance of the
prisoner's hearing before the Board of Parole.

    (6) The Warden or other administrative head of the
institution shall have final authority to determine matters of
treatment classification within his institution and to recommend
to the Director of Correction the transfer of any prisoner.



304.4.  Segregation and Transfer of Prisoners with Physical or
Mental Diseases or Defects

    (1) When an institutional physician finds that a prisoner
suffers from a physical disease or defect, or when an
institutional physician or psychologist finds that a prisoner
suffers from a mental disease or defect, the Warden or other
administrative head may order such prisoner to be segregated from
other prisoners, and if the physician or psychologist, as the
case may be, is of the opinion that he cannot be given proper
treatment at that institution, the Warden or other administrative
head shall recommend to the Director of Correction that such
prisoner be transferred for examination, study and treatment to
the medical-correctional facility, if any, or to another
institution in the Department where proper treatment is
available.

     (2) The Warden or other administrative head in each
correctional institution shall appoint a Treatment Classification
Committee with himself or his representative as chairman, and
consisting of representatives of the treatment, custodial, and
parole services, of medical, psychiatric or psychological
personnel, of personnel concerned with the education and
vocational training of inmates, and of such other persons as he
may designate. Members of the Treatment Classification Committee
shall serve at the pleasure of the Warden or other administrative
head.

    (3) When a prisoner is transferred to a correctional
institution from a reception center or from any other
institution, the Classification Committee of such receiving
institution shall, within [two] months of receiving the prisoner,
study his presentence investigation report, his criminal history
and escape record, if any, the report of the Reception
Classification Board, the admission-orientation reports of the
custodial and treatment officers of the institution, the
attitudes and preferences of the prisoner, and such other
relevant information as may be available in the prisoner's file
or from other sources and shall aid the Warden or other
administrative head of the institution in determining the
prisoner's program of treatment, training, employment, care and
custody.

    (4) The Classification Committee, or a subcommittee thereof
designated by the Warden or other administrative head, shall re
view the program of each prisoner at regular intervals and
whenever a member of the Committee so requests, and shall
recommend to the Warden such changes in the prisoner's program of
treatment, training, employment, care and custody as it considers
necessary or desirable.

    (5) Approximately [three] months before a prisoner will be
considered by the Board of Parole for release on parole, the
Classification Committee shall re-examine the prisoner's
individual file, shall prepare a report summarizing and
evaluating the prisoner's progress, and may recommend to the
Warden or other administrative head (a) that the prisoner be
reclassified for pre-parole preparation at that institution or at
another institution after transfer thereto or (b) that the
prisoner's reclassification for pre-parole preparation be
postponed, for a definite or indefinite period of time, stating
the reason for such recommendation in the record. A copy of the
Classification Committee's report shall be forwarded to the Board
of Parole, and shall be available to such Board in advance of the
prisoner's hearing before the Board of Parole.

    (6) The Warden or other administrative head of the
institution shall have final authority to determine matters of
treatment classification within his institution and to recommend
to the Director of Correction the transfer of any prisoner.



304.5. Medical Care, Food and Clothing

    (1) Upon admission to a state correctional institution, each
prisoner shall be given a physical examination, and shall be kept
apart from other prisoners for a period of quarantine until he is
known to be free from communicable disease and until he has been
classified in accordance with Section 304.3. Each prisoner shall
have regular medical and dental care.

    (2) Each prisoner shall be adequately fed and clothed in
accordance with regulations of the Department. No prisoner shall
be required to wear stripes or other degrading apparel.



304.6. Program of Rehabilitation

    The Director of Correction shall establish an appropriate
program for each institution, designed as far as practicable to
prepare and assist each prisoner to assume his responsibilities
and to conform to the requirements of law. In developing such
programs, the Director shall seek to make available to each
prisoner capable of benefiting therefrom academic or vocational
training, participation in productive work, religious and
recreational activities and such therapeutic measures as are
practicable. No prisoner shall be ordered or compelled, however,
to participate in religious activities.



304.7. Discipline and Control

    (1) The Warden or other administrative head of each
correctional institution shall be responsible for the discipline,
control and safe custody of the prisoners therein. No prisoner
shall be punished except upon the order of the Warden or other
administrative head of the institution or of a deputy designated
by him for the purpose; nor shall any punishment be imposed
otherwise than in accordance with the provisions of this Section.

    (2) The Warden or other administrative head of each
correctional institution shall appoint a Committee on Adjustment
[disciplinary committee] from among the staff of the institution,
which shall include a member of the treatment service, a member
of the custodial service, and an institutional physician. The
Warden or other administrative head may designate himself or a
deputy as chairman of the Committee. The Committee shall give
notice to any prisoner who has been reported for a breach of
discipline, shall determine after a hearing whether the prisoner
has committed an intentional breach of the rules, and shall
recommend to the Warden or other administrative head an
appropriate disposition of the matter subject to the provisions
of this Section. No prisoner shall be punished until he has had
such a hearing, but the recommendation of the Committee shall not
be binding on the Warden or other administrative head or his
deputy.

    (3) Except in flagrant or serious cases, punishment for a
breach of the rules shall consist of deprivation of privileges.
In cases of assault, escape, or attempt to escape, or other
serious or flagrant breach of the rules, the Committee on
Adjustment [disciplinary committee] may recommend to the Warden
or other administrative head, and he may order, that a prisoner's
reduction of term for good behavior and faithful performance of
duties be forfeited or withheld in accordance with Section 305.4.
For serious or flagrant breach of the rules, the Committee on
Adjustment [disciplinary committee], in accordance with the
regulations of the Department, may also recommend, and the Warden
or other administrative head may order, that the offender be
confined in a disciplinary cell for a period not to exceed thirty
days. The Committee on Adjustment [disciplinary committee] may
recommend, and the Warden or other administrative head may order,
that a prisoner, during all or part of the period of such
solitary confinement, be put on a monotonous but adequate and
healthful diet. A prisoner in solitary confinement shall be
visited by a physician at least once every twenty-four hours.

    (4) No cruel, inhuman, or corporal punishment shall be used
on any prisoner, nor is the use of force on any prisoner
justifiable except as provided by Article 3 of the Code and the
rules and regulations of the Department consistent therewith.

    (5) The Warden or other administrative head of an
institution shall maintain a record of breaches of rules, of the
disposition of each case, and of the punishment, if any, for each
such breach. Each breach of the rules by a prisoner shall be
entered in his file, together with the disposition or punishment
therefor.


    (6) The Committee on Adjustment shall recommend to the
Warden or other administrative head that a prisoner who is
considered to be incorrigible by reason of frequent intentional
breaches of discipline, or who is detrimental to the discipline
or the morale of the institution, be reported to the Director of
Correction for transfer to another institution for stricter
safekeeping and closer confinement.

304.8. Employment and Labor of Prisoners

    (1) To establish good habits of work and responsibility, for
the vocational training of prisoners, and to reduce the cost of
prison operation, prisoners shall be employed so far as possible
in constructive and diversified activities in the production of
goods, services and foodstuffs to maintain the institution and
its inmates, for state use [and for other purposes expressly
authorized by law]. To accomplish these purposes, the Director of
Correction shall establish and maintain prison industries and
prison farms in appropriate correctional institutions, and may
enter into arrangements with other departments for the employment
of prisoners in the improvement of public works and ways, and in
the improvement and conservation of the natural resources owned
by the state.

    (2) No prisoner shall be required to engage in excessive
labor, and no prisoner shall be required to perform any work for
which he is declared unfit by the medical department.

    (3) The Director shall make rules and regulations governing
the hours and conditions of labor of prisoners in correctional
institutions, and the rates of prisoners' compensation for
employment. In determining the rates of compensation, such
regulations may take into consideration the quantity and quality
of the work performed by a prisoner, whether or not such work was
performed during regular working hours, the skill required for
its performance, as well as the economic value of similar work
outside of correctional institutions. Prisoners' wage payments
shall be set aside by the Warden or other administrative head in
a separate fund. The regulations may provide for the making of
deductions from prisoners' wages to defray part or all of the
cost of prisoner maintenance, but a sufficient amount shall
remain after such deduction to enable the prisoner to contribute
to the support of his dependents, if any, to make necessary
purchases from the commissary, and to set aside sums to be paid
to him at the time of his release from the institution.

    (4) The labor or time of any prisoner committed to the
Department of Correction shall not be sold, contracted or hired
out, but prisoners may work for other departments of the State in
accordance with arrangements made pursuant to Subsection (1) of
this Section.


    (5) All departments and agencies [and local subdivisions] of
the State, and all institutions and agencies which are supported
in whole or in part by the State shall purchase from the
Department of Correction all articles and products required by
them which are produced or manufactured by prison labor in state
correctional institutions, unless excepted from this requirement
by the Governor [or. other appropriate authority] in accordance
with rules and regulations promulgated by the Governor [or other
appropriate authority] to carry out the purposes of this
Subsection. The Governor [or other appropriate authority] may, by
rule or regulation, provide for the manner in which standards and
qualifications for such articles and products shall be set, for
the manner in which the needs of departments, agencies and
institutions shall be estimated in advance, for the manner in
which the price for such articles and products shall be
determined, and for the manner in which purchases shall be made
and payment credited.

    (6) Within the appropriation allotted therefor, the Director
shall make appropriate arrangements for the compensation of
prisoners for damages from injuries arising out of their
employment

304.9. Compassionate Leave; Pre-Parole Furlough

    (1) The Director of Correction shall formulate rules or
regulations governing compassionate leave from institutions and,
in accordance with such rules or regulations, may permit any
prisoner to leave his institution for short periods of time,
either by himself or in the custody of an officer, to visit a
close relative who is seriously ill, to attend the funeral of a
close relative, to return to his home during what appears to be
his own last illness, or to return to his home for other
compelling reasons which strongly appeal to compassion.

    (2) The rules or regulations shall provide for the manner in
which compassionate leave shall be granted, for its duration, and
for the custody, transportation and care of the prisoner during
his leave. They shall also provide for the manner in which the
expense connected with such leave shall be borne, and may allow
the prisoner, or anyone in his behalf, to reimburse the state for
such expense.

    (3) The Director of Correction, on the recommendation of the
Board of Parole, may grant a pre-parole furlough, not to exceed
[two] weeks, to any prisoner whose parole release date has been
fixed in accordance with Section 305.8 by the Board of Parole.
The purpose of such a furlough shall be to enable the prisoner to
secure employment. to find adequate living quarters for himself
and his family, or, generally, to make more effective plans and
arrangements towards his release on parole.
304.10. Release from Institutions

    When a prisoner is released from an institution, either on
parole or upon final discharge, he shall be returned any personal
possessions taken from him upon his commitment, and the Warden or
other administrative head shall furnish him with decent clothing
appropriate for the season of the year, a transportation ticket
to the place where he will reside, the earnings set aside for him
in the wage fund, and such additional sum of money as may be
prescribed by regulation of the Department to enable him to meet
his immediate needs. If at the time of his release a prisoner is
too ill or feeble or otherwise unable to use public means of
transportation, the Warden or other administrative head may,
subject to the rules and regulations of the Department, make
special arrangements for his transportation to the place where he
will reside.


ARTICLE 305

RELEASE ON PAROLE

305.1. Reduction of Prison Term for Good Behavior

    For good behavior and faithful performance of duties, the
term of a prisoner sentenced to imprisonment for an indefinite
term with a maximum in excess of one year, shall be reduced by
[six] days for each month of such term. In addition, for
especially meritorious behavior or exceptional performance of his
duties, a prisoner may receive a further reduction, not to exceed
[six] days, for any month of imprisonment. The total of all such
reductions shall be deducted:

    (1) from his minimum term of imprisonment, to determine the
date of his eligibility for release on parole; and

    (2) from his maximum term of imprisonment, to determine the
date when his release on parole becomes mandatory.

305.2. Reduction of Parole Term for Good Behavior

    For good conduct in conformity with the conditions of
parole, a parolee's parole term shall be reduced by [six] days
for each month of such parole term. The total of such reductions
shall be deducted:

    (1) from his minimum parole term to determine the date of
his eligibility for discharge from parole; and
    (2) from the maximum of his parole term to determine the
date when his discharge from parole becomes mandatory.

305.3. Award of Reduction of Term for Good Behavior

    (1) Reductions of term of imprisonment in accordance with
Section 305.1 shall be awarded by the Warden of the institution
[Deputy Director for Treatment Services]. In the case of
reductions for especially meritorious behavior, or exceptional
performance of duties, the award shall be made only upon the
recommendation of the Committee on Adjustment [or similar
committee] of the institution.

    (2) Reductions of parole terms in accordance with Section
305.2 shall be awarded by the Board of Parole.

305.4 Forfeiture, Withholding, and Restoration of Reduction of
Term for Good Behavior

    (1) Reductions of terms of imprisonment for good behavior
and faithful performance of duties may be forfeited, withheld and
restored by the Warden of the institution [Deputy Director for
Treatment Services] after hearing by the Committee on Adjustment
[or disciplinary committee] of the institution, but no reduction
of a prison term shall be forfeited or withheld after a prisoner
is released on parole.

    (2) Reductions of parole terms for good behavior may be
forfeited, withheld and restored by the Board of Parole.

305.5. Report of Reductions Granted, Forfeited and Restored

    The Warden of the institution [Deputy Director for Treatment
Services] shall regularly report all reductions of prison terms
for good behavior and faithful performance of duties, and all
forfeitures and restorations of such reductions to the Director
of Correction. On the basis of such report, the Director shall
inform the Board of Parole and the Parole Administrator of all
prisoners who are expected to become eligible for release on
parole or whose release on parole will become mandatory within
the next three months.

305.6. Parole Eligibility and Hearing

    Every prisoner sentenced to an indefinite term of
imprisonment shall be eligible for release on parole upon
completion of his minimum term less reductions granted in
accordance with Section 305.1, or, if there is no minimum, at any
time. Within sixty days before the expiration of such minimum
less reductions, or, if there is no minimum, within ninety days
of his commitment, the prisoner shall have a hearing before the
Board of Parole or a member or members designated by the Board,
or, when appropriate, before the Young Adult Division of the
Board. The hearing shall be conducted in an informal manner, but
a verbatim record of the proceedings shall be made and preserved.

305.7. Preparation for Hearing; Assistance to Prisoner

    (1) Each prisoner in advance of his parole hearing shall
prepare a parole plan, setting forth the manner of life he
intends to lead if released on parole, including such specific
information as to where and with whom he will reside and what
occupation or employment he will follow. The institutional parole
staff shall render reasonable aid to the prisoner in the
preparation of his plan and in securing information for
submission to the Board of Parole.

    (2) A prisoner shall be permitted to advise with any persons
whose assistance he reasonably desires, including his own legal
counsel, in preparing for a hearing before the Board of Parole.

305.8. Decision of Board of Parole; Reconsideration

    (1) The Board of Parole shall render its decision regarding
a prisoner's release on parole within a reasonable time after
hearing. The decision shall be by majority vote [of a quorum] of
the Board of Parole. The decision shall be based on the entire
record before the Board, which shall include the opinion of the
member who presided at the hearing. In its decision the Board
shall either fix the prisoner's release date, or it shall defer
the case for later reconsideration.

    (2) If the Board fixes the release date, such date shall be
not less than sixty days nor more than six months from the date
of the prisoner's parole hearing, or from the date of last
reconsideration of his case by the Board, unless there are
special reasons for fixing an earlier or later release date.

    (3) If the Board defers the case for later reconsideration,
it shall review the record at least once a year until a release
date is fixed. The Board may in its discretion order a
reconsideration or a rehearing of the case at any time.

    (4) If the Board fixes no earlier release date, a prisoner's
release on parole shall become mandatory at the expiration of his
maximum term of imprisonment, less reductions allowed in
accordance with Section 305.1.

305.9. Criteria for Determining Date of First Release on Parole

    (1) Whenever the Board of Parole considers the first release
of a prisoner who is eligible for release on parole, it shall be
the policy of the Board to order his release, unless the Board is
of the opinion that his release should be deferred because:

    (a) there is substantial risk that he will not conform to
the conditions of parole; or

    (b) his release at that time would depreciate the
seriousness of his crime or promote disrespect for law; or

    (c) his release would have a substantially adverse effect on
institutional discipline; or

    (d) his continued correctional treatment, medical care or
vocational or other training in the institution will
substantially enhance his capacity to lead a law-abiding life
when released at a later date.

    (2) In making its determination regarding a prisoner's
release on parole, it shall be the policy of the Board of Parole
to take into account each of the following factors:

    (a) the prisoner's personality, including his maturity,
stability, sense of responsibility and any apparent development
in his personality which may promote or hinder his conformity to
law;

    (b) the adequacy of the prisoner's parole plan;

    (c) the prisoner's ability and readiness to assume
obligations and undertake responsibilities;

    (d) the prisoner's intelligence and training;

    (e) the prisoner's family status and whether he has
relatives who display an interest in him, or whether he has other
close and constructive associations in the community;

    (f) the prisoner's employment history, his occupational
skills, and the stability of his past employment;

    (g) the type of residence, neighborhood or community in
which the prisoner plans to live;

    (h) the prisoner's past use of narcotics, or past habitual
and excessive use of alcohol;

    (i) the prisoner's mental or physical make-up, including any
disability or handicap which may affect his conformity to law;

    (j) the prisoner's prior criminal record, including the
nature and circumstances, recency and frequency of previous
offenses;

    (k) the prisoner's attitude toward law and authority;

    (l) the prisoner's conduct in the institution, including
particularly whether he has taken advantage of the opportunities
for self-improvement afforded by the institutional program,
whether he has been punished for misconduct within six months
prior to his hearing or reconsideration for parole release,
whether he has forfeited any reductions of term during his period
of imprisonment, and whether such reductions have been restored
at the time of hearing or reconsideration;

    (m) the prisoner's conduct and attitude during any previous
experience of probation or parole and the recency of such
experience.

305.10. Data to Be Considered in Determining Parole Release

    Before making a determination regarding a prisoner's release
on parole, the Board of Parole shall cause to be brought before
it all of the following records and information regarding the
prisoner:

    (1) a report prepared by the institutional parole staff,
relating to his personality, social history and adjustment to
authority, and including any recommendations which the
institutional staff may make:

    (2) all official reports of his prior criminal record,
including reports and records of earlier probation and parole
experiences;

    (3) the pre-sentence investigation report of the sentencing
Court:

    (4) recommendations regarding his parole made at the time of
sentencing by the sentencing judge or the prosecutor

    (5) the reports of any physical, mental and psychiatric
examinations of the prisoner;

    (6) any relevant information which may be submitted by the
prisoner, his attorney, the victim of his crime, or by other
persons;

    (7) the prisoner's parole plan;

    (8) such other relevant information concerning the prisoner
as may be reasonably available.

305.11. Eligibility for Discharge from Parole

    A parolee is eligible for discharge from parole upon the
satisfactory completion of the minimum parole term less
reductions for good behavior.

305.12. Termination of Supervision; Discharge from Parole

    If, in the opinion of the Board of Parole, a parolee does
not require guidance and supervision, the Board may dispense with
or terminate such supervision. When a parolee is eligible for
discharge from parole in accordance with Section 305.11, the
Board may discharge him from parole, if, in its opinion, such
discharge is not incompatible with the protection of the public.
A parolee's discharge from parole or from recommitment for
violation of parole becomes mandatory upon completion of the
maximum parole term less reductions for good behavior.

305.13. Conditions of Parole

    (1) When a prisoner is released on parole, the Board of
Parole shall require as a condition of his parole that he refrain
from engaging in criminal conduct. The Board of Parole may also
require, either at the time of his release on parole or at any
time and from time to time while he remains under parole, that he
conform to any of the following conditions of parole:

    (a) meet his specified family responsibilities;

    (b) devote himself to an approved employment or occupation;

    (c) remain within the geographic limits fixed in his
Certificate of Parole, unless granted written permission to leave
such limits;

    (d) report, as directed, in person and within thirty-six
hours of his release, to his parole officer;

    (e) report in person to his parole officer at such regular
intervals as may be required;

    (f) reside at the place fixed in his Certificate of Parole
and notify his parole officer of any change in his address or
employment;

    (g) have in his possession no firearm or other dangerous
weapon unless granted written permission;

    (h) submit himself to available medical or psychiatric
treatment, if the Board shall so require;

    (i) refrain from associating with persons known to him to be
engaged in criminal activities or, without permission of his
parole officer, with persons known to him to have been convicted
of a crime;

    (j) satisfy any other conditions specially related to the
cause of his offense and not unduly restrictive of his liberty or
incompatible with his freedom of conscience.

    (2) Before release on parole, a parolee shall be provided
with a Certificate of Parole setting forth the conditions of his
parole.

305.14. Parole Residence Facilities

    The Board of Parole may in appropriate cases require a
parolee, as a condition of his parole, either at the time of his
release on parole or at any time and from time to time while he
remains under parole supervision, to reside in a parole hostel,
boarding home, hospital, or other special residence facility, for
such a period and under such supervision or treatment as the
Board may deem appropriate.

305.15. Revocation of Parole for Violation of Condition;

    (1) When a parolee has been returned to the institution, the
Board of Parole shall hold a hearing within sixty days of his
return to determine whether his parole should be revoked. The
parolee shall have reasonable notice of the charges filed. The
institutional parole staff shall render reasonable aid to the
parolee in preparation for the hearing and he shall be permitted
to advise with his own legal counsel. At the hearing the parolee
may admit, deny, or explain the violation charged, and he may
present proof, including affidavits and other evidence, in
support of his contention. A verbatim record of the hearing shall
be made and preserved.

    (2) The Board may order revocation of parole if it is
satisfied, upon substantial evidence, that:

    (a) the parolee has failed, without a satisfactory excuse,
to comply with a substantial requirement imposed as a condition
of his parole; and

    (b) the violation of condition involves:

    (i) the commission of another crime; or

    (ii) conduct indicating a substantial risk that the parolee
will commit another crime; or

    (iii) conduct indicating that the parolee is unwilling to
comply with proper conditions of parole.

    (3) Parole revocation shall be by majority vote of the
Board.

305.16. Sanctions Short of Revocation for Violation of Condition
of Parole

    (1) If the Parole Administrator has reasonable cause to
believe that a parolee has violated a condition of parole, he
shall notify the Board of Parole, and shall cause the appropriate
district parole supervisor to submit the parolee's record to the
Board. After consideration of the records submitted, and after
such further investigation as it may deem appropriate, the Board
may order:

    (a) that the parolee receive a reprimand and warning from
the Board;

    (b) that parole supervision and reporting be intensified;

    (c) that reductions for good behavior be forfeited or
withheld;

    (d) that the parolee be remanded, without revocation of
parole, to a residence facility specified in Section 305.14 for
such a period and under such supervision or treatment as the
Board may deem appropriate;

    (e) that the parolee be required to conform to one or more
additional conditions of parole which may be imposed in
accordance with Section 305.13;

    (f) that the parolee be arrested and returned to prison,
there to await a hearing to determine whether his parole should
be revoked.

    (2) If a parole officer or district parole supervisor has
reasonable cause to believe that a parolee has violated or is
about to violate a condition of his parole and that an emergency
situation exists, so that awaiting action by the Board of Parole
under Subsection (1) of this Section would create an undue risk
to the public or to the parolee, such parole officer or district
parole supervisor may arrest such parolee without a warrant, and
may call on any peace officer to assist him in so doing. The
parolee, whether arrested hereunder with or without a warrant,
shall be detained in the local jail, lockup, or other detention
facility, pending action by the Board of Parole. Immediately
after such arrest and detention, the parole officer or district
parole supervisor concerned shall notify the Board and submit a
written report of the reason for such arrest. After consideration
of such written report, the Board [or a member of the Board]
shall, with all practicable speed, make a preliminary
determination, and shall either order the parolee's release from
detention or order his return to the institution from which he
was paroled, there to await a hearing to determine whether or not
his parole shall be revoked. The Board~s preliminary
determination to order the parolee's release from detention shall
not, however, be deemed to bar further proceedings under
Subsection (1) of this Section.

305.17.  Duration of Re-imprisonment and Re-parole after
Revocation

    (1) A parolee whose parole is revoked for violation of the
conditions of parole shall be recommitted for the remainder of
his maximum parole term, after credit thereon for the period
served on parole prior to the violation and for reductions for
good behavior earned while on parole.

    (2) A parolee whose parole has been revoked may be
considered by the Board of Parole for re-parole at any time. He
shall be entitled to a hearing and consideration for re-parole
after serving a further period of imprisonment equal to one third
of the remainder of his maximum parole term, or after serving a
period of six months, whichever is longer.

    (3) Except in the case of a parolee who has absconded from
the jurisdiction or from his place of residence, action revoking
a parolee's parole and recommitting him for violation of the
conditions of parole must be taken before the expiration of his
maximum parole term less reductions for good behavior. A parolee
who has absconded from the jurisdiction, or from his place of
residence, shall be treated as a parole violator and whenever he
is apprehended shall be subject to recommitment or to supervision
for the balance of his parole term remaining on the date when he
absconded.

305.18. Parole to Detainers

    (1) If a warrant or detainer is placed against a prisoner by
a court, parole agency or other authority of this or any other
jurisdiction, the Parole Administrator shall inquire, and seek to
determine, before such prisoner becomes eligible for parole,
whether the authority concerned intends to execute or withdraw
the writ when the prisoner is released.

    (2) If the authority notifies the Parole Administrator that
it intends to execute such writ when the prisoner is released,
the Parole Administrator shall advise the authority concerned of
the sentence under which the prisoner is held, the time of parole
eligibility, any decision of the Board of Parole relating to the
prisoner, and of the nature of his adjustment during
imprisonment, and shall give reasonable notice to such authority
of the prisoner's release date.

    (3) The Board of Parole may parole a prisoner who is
eligible for release to a warrant or detainer. If a prisoner is
paroled to such a warrant or detainer the Board of Parole may
provide, as a condition of his release, that if the charges on
which the warrant or detainer is based are dismissed, or are
satisfied after conviction and sentence, prior to the expiration
of his maximum parole term, the authority to whose warrant or
detainer he is released shall return him to serve the remainder
of his maximum parole term or such part thereof as the Board may
determine.

    (4) If a person paroled to a warrant or detainer is
thereafter sentenced and placed on probation, or released on
parole in another jurisdiction prior to the expiration of his
maximum parole term less reduction for good behavior in this
State, the Board of Parole may permit him to serve the remainder
of his parole term, or such part thereof as the Board may
determine, concurrently with his new probation or parole term.
Such concurrent terms may be served in either of the two
jurisdictions, and supervision shall be administered in
accordance with the provisions of the Interstate Compact for the
Supervision of Parolees and Probationers.

305.19. Finality of Determinations with Respect to Reduction of
Terms for Good Behavior and Parole

    No court shall have jurisdiction to review or set aside,
except for the denial of a hearing when a right to be heard is
conferred by law:

    (1) the action of an authorized official of the Department
of Correction or of the Board of Parole withholding, forfeiting
or refusing to restore a reduction of a prison or parole term for
good behavior; or

    (2) the orders or decisions of the Board of Parole
regarding, but not limited to, the release or deferment of
release on parole of a prisoner whose maximum prison term has not
expired, the imposition or modification of conditions of parole,
the revocation of parole, the termination or restoration of
parole supervision or the discharge from parole or from
re-imprisonment before the end of the parole term.

ARTICLE 306

LOSS AND RESTORATION OF RIGHTS INCIDENT
TO CONVICTION OR Imprisonment

306.1. Basis of Disqualification or Disability

    (1) No person shall suffer any legal disqualification or
disability because of his conviction of a crime or his sentence
on such conviction, unless the disqualification or disability
involves the deprivation of a right or privilege which is:

    (a) necessarily incident to execution of the sentence of the
Court; or

    (b) provided by the Constitution or the Code; or

    (c) provided by a statute other than the Code, when the
conviction is of a crime defined by such statute; or

    (d) provided by the judgment, order or regulation of a
court, agency or official exercising a jurisdiction conferred by
law, or by the statute defining such jurisdiction, when the
commission of the crime or the conviction or the sentence is
reasonably related to the competency of the individual to
exercise the right or privilege of which he is deprived.

    (2) Proof of a conviction as relevant evidence upon the
trial or determination of any issue, or for the purpose of
impeaching the convicted person as a witness is not a
disqualification or disability within the meaning of this
Article.

306.2. Forfeiture of Public Office

    A person holding any public office who is convicted of a
crime shall forfeit such office if:

    (1) he is convicted under the laws of this State of a felony
or under the laws of another jurisdiction of a crime which, if
committed within this State, would be a felony; or

    (2) he is convicted of a crime involving malfeasance in such
office, or dishonesty; or

    (3) the Constitution or a statute other than the Code so
provides.

306.3. Voting and Jury Service

    Notwithstanding any other provision of law, a person who is
convicted of a crime shall be disqualified

    (1) from voting in a primary or election if and only so long
as he is committed under a sentence of imprisonment; and

    (2) from serving as a juror until he has satisfied his
sentence.

306.4. Testimonial Capacity; Testimony of Prisoners

    (1) Notwithstanding any other provision of law, the fact
that a person has been convicted of a crime or that he is under
sentence therefor, whether of imprisonment or otherwise, does not
render him incompetent to testify in a legal proceeding.

    (2) Upon the order of the      Court, the Warden or other
administrative head of an institution in which a prisoner is
confined shall arrange for the production of the prisoner to
testify at the place designated in the order. Such order shall be
issued whenever the Court is satisfied that the testimony of the
prisoner is required in a judicial or administrative proceeding
and that the ends of justice can not be satisfied by taking his
deposition at the institution where he is confined.

    (3) Subject to regulations of the Department of Correction
as to institutions subject to its jurisdiction, the Warden or
other administrative head of an institution in which a prisoner
is confined may, in his discretion, permit the prisoner to leave
the institution, either alone or in the custody of an officer,
for the purpose of testifying in a legal proceeding in which he
is a party or has been called as a witness. In granting such
permission, the Warden or administrative head may require that
the prisoner or party calling him to testify defray the
reasonable costs of providing for his custody while absent from
the institution.

    (4) Subject to regulations of the Department of Correction
as to institutions subject to its jurisdiction, the Warden or
other

administrative head of an institution in which a prisoner is
confined shall permit the prisoner to give testimony by
deposition or in response to interrogatories, when such testimony
is desired in a legal proceeding, and shall make suitable
arrangements to facilitate the taking of such deposition in the
institution.

306.5. Appointment of Agent, Attorney-in-Fact or Trustee for
Prisoner

    (1) A person confined under a sentence of imprisonment shall
have the same right to appoint an agent, attorney-in-fact or
trustee to act in his behalf with respect to his property or
economic interests as if he were not so confined.

    (2) Upon the application of a person confined or about to be
confined under a sentence of imprisonment, the       Court
[insert appropriate court of record] of the county where the
prisoner resided at the time of sentence or where the sentence
was imposed may appoint a trustee to safeguard his property and
economic interests during the period of his commitment. The
trustee shall have such power and authority as the Court
designates in the order of appointment but, unless the order
otherwise provides, shall have all the power and authority
conferred by a general power of attorney.

306.6. Order Removing Disqualifications or Disabilities; Vacation
of Conviction; Effect of Order of Removal or Vacation

    (1) In the cases specified in this Subsection the Court may
order that so long as the defendant is not convicted of another
crime, the judgment shall not thereafter constitute a conviction
for the purpose of any disqualification or disability imposed by
law because of the conviction of a crime:

    (a) in sentencing a young adult offender to the special term
provided by Section 6.05(2) or to any sentence other than one of
imprisonment; or

    (b) when the Court has theretofore suspended sentence or has
sentenced the defendant to be placed on probation and the
defendant has fully complied with the requirements imposed as a
condition-of such order and has satisfied the sentence; or

    (c) when the court has theretofore sentenced the defendant
to imprisonment and the defendant has been released on parole,
has fully complied with the conditions of parole and has been
discharged; or

    (d) when the Court has theretofore sentenced the defendant,
the defendant has fully satisfied the sentence and has since led
a law-abiding life for at least [two] years.

    (2) In the cases specified in this Subsection, the Court
which sentenced a defendant may enter an order vacating the
judgment of conviction:

    (a) when an offender [a young adult offender] has been
discharged from probation or parole before the expiration of the
maximum term thereof [; or

    (b) when a defendant has fully satisfied the sentence and
has since led a law-abiding life for at least [five] years].

    (3) An order entered under Subsection (1) or (2) of this
Section:

    (a) has only prospective operation and does not require the
restoration of the defendant to any office, employment or
position forfeited or lost in accordance with this Article; and

    (b) does not preclude proof of the conviction as evidence of
the commission of the crime, whenever the fact of its commission
is relevant to the determination of an issue involving the rights
or liabilities of someone other than the defendant; and

    (c) does not preclude consideration of the conviction for
purposes of sentence if the defendant subsequently is convicted
of another crime; and

    (d) does not preclude proof of the conviction as evidence of
the commission of the crime, whenever the fact of its commission
is relevant to the exercise of the discretion of a court, agency
or official authorized to pass upon the competency of the
defendant to perform a function or to exercise a right or
privilege which such court, agency or official is empowered to
deny, except that in such case the court, agency or official
shall also give due weight to the issuance of the order; and

    (e) does not preclude proof of the conviction as evidence of
the commission of the crime, whenever the fact of its commission
is relevant for the purpose of impeaching the defendant as a
witness, except that the issuance of the order may be adduced for
the purpose of his rehabilitation; and

    (f) does not justify a defendant in stating that he has not
been convicted of a crime, unless he also calls attention to the
order.

DEPARTMENT OF CORRECTION

401.1. Department of Correction; Creation; Responsibilities

    There shall be in the state government a Department of
Correction, which shall be charged with the following
responsibilities:

    (1) to maintain, administer, and to establish state
correctional institutions, including prisons, reformatories,
reception centers, parole and probation hostels, state
misdemeanant institutions and such other facilities as may be
required for the custody, control, correctional treatment and
rehabilitation of committed offenders, and for the safekeeping of
such other persons as may be remanded thereto in accordance with
law;

    (2) to administer the release of prisoners under parole
supervision and to administer parole services in the institutions
and in the community;

    (3) to establish personnel standards and supervision
policies for all probation services in the State, and to
administer probation field services in any county or other
governmental subdivision of this State which has no probation
service of its own;

    [Alternative: (3) to administer probation services in the
community;] *

    (4) to develop policies and programs for the correctional
treatment and rehabilitation of offenders committed to
institutions in the Department;

    (5) to establish standards for the management, operation,
personnel and program of, and to exercise powers of supervision,
visitation and inspection over, all institutions in the State for
the detention of persons charged with or convicted of an offense,
or for the safekeeping of such other persons as may be remanded
thereto in accordance with law, and to close any such institution
which is inadequate.

401.2. Director of Correction; Appointment; Powers and Duties

    (1) The Department of Correction shall be under the
direction of the Director of Correction, who shall be appointed
by the Governor for a term of ____   years. His salary shall be
fixed by the Governor within