(a) (1) All commitments to the Department of Correction shall be to the Department of Correction and not to a particular institution.
(2) Commitments may provide for judicial transfer to the Department of Community Correction.
(b) (1) The Director of the Department of Correction, in accordance with the rules, procedures, and regulations promulgated by the Board of Corrections shall transfer an inmate to the Department of Community Correction, pursuant to a judicial transfer, or assign a newly committed inmate to an appropriate facility of the Department of Correction.
(2) The director may transfer an inmate from one (1) facility to another consistent with the commitment and in accordance with treatment, training, and security needs.
(3) Inmates may be transferred between the Department of Correction and the Department of Community Correction within the constraints of law applicable to judicial transfer, subject to the policies, rules, and regulations established by the Board of Corrections, and conditions set by the Parole Board.
(4) The Department of Correction shall retain legal custody of all inmates transferred to community correction unless altered by court order.
(c) (1) When a prisoner is committed to the Department of Correction, his or her commitment papers must include a report on the circumstances attending the offense, particularly such circumstances as tend to aggravate or extenuate the offense, which report shall be kept in the permanent file of such prisoner.
(2) The report shall be prepared by the prosecutor or deputy prosecutor who represented the state in the proceeding against the prisoner. The report shall be approved by the sentencing judge.
(d) (1) A county sheriff, a deputy county sheriff, or a trained security contractor shall transport all inmates committed to the Department of Correction or the Department of Community Correction as described in this subsection, and the county sheriff is entitled to the fees provided by law.
(2) A county sheriff shall notify the director of the number of inmates in his or her charge who are under commitment to the Department of Correction, and upon request to the county sheriff by the director, the county sheriff, the deputy county sheriff, or the trained security contractor shall send for, take charge of, and safely transport the inmates to the nearest appropriate facility as determined by the Department of Correction or the Department of Community Correction.
(3) However, if the county sheriff determines that it would be in the best interest of an inmate and the public to immediately transport the inmate to the Department of Correction or the Department of Community Correction because of overcrowding or another issue, the county sheriff may notify the Department of Correction or the Department of Community Correction of the need for immediate transport and the Department of Correction or the Department of Community Correction shall consider the request in scheduling inmates for intake.
(e) (1) The director shall make and preserve a full and complete record of every inmate committed to the Department of Correction, along with a photograph of the inmate and data pertaining to his or her trial conviction and past history.
(2) (A) To protect the integrity of records described in subdivision (e)(1) of this section and to ensure their proper use, it is unlawful to permit inspection of or disclose information contained in records described in subdivision (e)(1) of this section or to copy or issue a copy of all or part of a record described in subdivision (e)(1) of this section except:
(i) As authorized by rule;
(ii) By order of a court of competent jurisdiction; or
(iii) Records posted on the Department of Correction's website as required by ยง 12-27-145.
(B) A rule under subdivision (e)(2)(A) of this section shall provide for adequate standards of security and confidentiality of records described in subdivision (e)(1) of this section.
(3) For those inmates committed to the Department of Correction and judicially transferred to the Department of Community Correction, the preparation of a record described in subdivision (e)(1) of this section may be delegated to the Department of Community Correction pursuant to policies applicable to records transmission adopted by the Board of Corrections.
(4) A rule under subdivision (e)(2)(A) of this section may authorize the disclosure of information contained in a record described in subdivision (e)(1) of this section for research purposes.
(5) (A) (i) Upon written request, an employee of the Bureau of Legislative Research acting on behalf of a member of the General Assembly may view all records described in subdivision (e)(1) of this section of a current or former inmate.
(ii) A request under subdivision (e)(5)(A)(i) of this section shall be made in good faith.
(B) A view of records under subdivision (e)(5) of this section by an employee may be performed only if the employee is assigned to one (1) or more of the following committees:
(i) Senate Committee on Judiciary;
(ii) House Committee on Judiciary; or
(iii) Charitable, Penal, and Correctional Institutions Subcommittee of the Legislative Council.
(C) The Department of Correction shall ensure that the employee authorized under subdivision (e)(5)(B) of this section to view records is provided access to the records.
(D) A record requested to be viewed under subdivision (e)(5) of this section is privileged and confidential and shall not be shown to any person not authorized to have access to the record under this section and shall not be used for any political purpose, including without limitation political advertising, fundraising, or campaigning.
Section: Previous 12-27-106 12-27-107 12-27-108 12-27-109 12-27-110 12-27-111 12-27-112 12-27-113 12-27-114 12-27-115 12-27-116 12-27-117 12-27-118 12-27-120 12-27-121 NextLast modified: November 15, 2016