Partial Confinement.
A person sentenced to the custody of the Department of Corrections (DOC) may not leave the correctional facility or be released prior to the expiration of the sentence unless a statutory exception applies. Partial confinement is one such exception for qualifying incarcerated persons, and refers to work release, home detention, work crew, electronic home monitoring, or a combination of these programs for up to one year. Certain incarcerated persons may not qualify for transfer to partial confinement, such as persons serving sentences for offenses with mandatory minimums.
Work Release.
The work release program is a partial confinement program where eligible incarcerated persons may serve up to the last 12 months of their term of confinement in a work release facility, known as a reentry center. Work release may be authorized to allow the person to participate in full-time or part-time employment at specialized programs; participate in a vocational training program, including attendance at an accredited college; to secure services to support transition back to the community; or as a sanction for violating community supervision conditions. Only incarcerated persons with minimum security status may be transferred to work release.
Graduated Reentry.
The Graduated Reentry Program (GRE) is a partial confinement program that allows incarcerated persons to serve part of their sentence on home detention in the community. There are two tracks with different eligibility requirements, minimum total confinement times, and maximum lengths of participation.
For track one, a person who is not subject to a deportation order, civil commitment, or interstate compact for adult offender supervision must serve at least six months in total confinement in a state correctional facility to be eligible to serve up to the final five months of the person's term of confinement in the GRE.
For track two, a person who is not currently serving a sentence for a sex, violent, or crime against a person offense, and who is not subject to a deportation order or the jurisdiction of the Indeterminate Sentence Review Board, must serve at least four months in total confinement at a state correctional facility to be eligible to serve up to the final 18 months of the person's term of confinement in the GRE.
The GRE must be an appropriate placement for the individual. The person must have an approved residence and living arrangement prior to transfer to home detention, and may be eligible to receive a rental voucher for up to six months. The GRE participants must be placed on electronic home monitoring, participate in programming and treatment, and be monitored by a community corrections officer.
Before the DOC can transfer a person to the GRE, the DOC must conduct a comprehensive assessment for substance use disorder (SUD). If the person is assessed to have an SUD, the DOC must assist the person in enrolling in SUD treatment services at the level deemed appropriate by the assessment. A person transferred to the GRE must begin receiving SUD treatment services as soon as practicable after transfer to avoid any treatment delays. The SUD treatment services include, as deemed necessary by the assessment, access to medication-assisted treatment and counseling programs.
Community Parenting Alternative.
The Community Parenting Alternative (CPA) is a partial confinement program where eligible incarcerated individuals may serve up to the last 12 months of their term of confinement on home detention in the community. Individuals in the residential parenting program, a correctional nursery program administered by the DOC, may participate in the CPA for up to the final 18 months of their term of confinement.
To be eligible for the CPA, the person must:
A person must provide an approved residence and living arrangement prior to transfer to home detention. While on home detention, the person must be placed on electronic home monitoring and participate in programming and treatment. The DOC must assign a community corrections officer to monitor the person and collaborate and communicate with a social worker if the person has an open child welfare case with the Department of Children, Youth, and Families.
Partial Confinement.
A person may participate in a partial confinement program up to the last 18 months of their term of confinement.
Community Parenting Alternative.
Eligibility and participation requirements for the CPA are modified. A person can participate in the CPA for up to the last 18 months of their term of confinement, rather than the last 12 months. The provision allowing participants in the residential parenting program to be in the CPA for the final 18 months of a person's term of confinement is removed.
Eligibility for the CPA is expanded to include:
If the individual's earned release date changes after placement in the CPA, the DOC may extend the duration of participation in the CPA by up to six months or up to the earned release date, whichever comes first.
The DOC may not transfer an individual to the CPA until the DOC has a clinically appropriate evaluation for an SUD. If the person is diagnosed with an SUD, the DOC must assist the person in enrolling in SUD treatment services at the level deemed clinically appropriate. Individuals transferred to participate in the CPA and diagnosed with an SUD must begin receiving SUD treatment services as soon as practicable after transfer to avoid any delays in treatment. The SUD treatment services include, as deemed necessary by the evaluation, access to medication-assisted treatment and counseling programs.
Graduated Reentry Program.
Eligibility and participation requirements for the GRE are modified. For track one, where an incarcerated person must serve a minimum of six months in total confinement, the maximum participation time allowed in the GRE is increased from five months to nine months. For track two, where a qualifying person may participate up to the last 18 months of the person's term of confinement, the minimum required total confinement time is reduced from four months to three months.
Instead of requiring the DOC to conduct a comprehensive SUD assessment before an individual may transfer to the GRE, the DOC may not transfer an individual to the GRE until the DOC has a clinically appropriate evaluation for an SUD. If the person is diagnosed with an SUD, the DOC must assist the person in enrolling in SUD treatment services at the level deemed clinically appropriate. Individuals transferred to participate in the GRE and diagnosed with an SUD must begin receiving SUD treatment services as soon as practicable after transfer to avoid any delays in treatment. The SUD treatment services include, as deemed necessary by the evaluation, access to medication-assisted treatment and counseling programs.
Work Release.
A person can participate in work release up to the last 18 months of the person's term of confinement, instead of the last 12 months. The DOC may not transfer an individual to work release until the DOC has a clinically appropriate evaluation for an SUD. If the person is diagnosed with an SUD, the DOC must assist the person in enrolling in SUD treatment services at the level deemed clinically appropriate. Individuals transferred to participate in work release and diagnosed with an SUD must begin receiving SUD treatment services as soon as practicable after transfer to avoid any delays in treatment. The SUD treatment services include, as deemed necessary by the evaluation, access to medication-assisted treatment and counseling programs.
Changes related to the CPA, the GRE, work release, and partial confinement programs apply prospectively and retroactively to persons currently serving a sentence in any facility or institution operated by the state or utilized under contract.