Establishment of Program; Eligibility; Rulemaking Authority.

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7-13-1003. Establishment of program; eligibility; rulemaking authority.

(a) The department shall adopt reasonable rules and regulations to establish a youthful offender transition program for inmates incarcerated in a state penal institution.

(b) In addition to any other eligibility requirements adopted by the department, an inmate is eligible for placement in the youthful offender transition program only if he:

(i) Is serving a sentence of imprisonment at a state penal institution for any offense other than a felony punishable by death or life imprisonment;

(ii) Has not attained the age of thirty (30) years;

(iii) Has not previously served a term of incarceration at any state or federal adult penal institution;

(iv) Is able to participate in the structured programming, education, work and physical fitness activities required of program participants in compliance with the Americans with Disabilities Act.

(c) The program created by the department shall include:

(i) Separation of program participants from the general inmate population except inmates assigned to work in the program as peer specialists;

(ii) Emphases upon structured programming, education, work and physical activity compliant with the Americans with Disabilities Act as a major element of the program.

(d) Participation by an inmate in the youthful offender transition program is a matter of grace and not of right. Approval of an inmate's participation in the program may be revoked by the department at any time if the inmate fails to comply with program requirements. The inmate shall not have any right to appeal the denial of his participation in the program.


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