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Session Laws, 1976
Volume 734, Page 493   View pdf image
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MARVIN MANDEL, Governor                                  493

REASON OF SUCH SPECIFICALLY DESIGNATED FEDERAL FUNDS SO
LUNG AS THEY ARE USED FOR THE EXPANDED PROGRAMS OR STAFF
UNLESS CONSENTED TO BY THE COUNTY.

710C. PLACEMENT.

(A)    A PERSON MAY BE PLACED IN A CENTER BY THE
COMMISSIONER, UPON A RECOMMENDATION BY A COURT, IF:

(1)    HE WAS A RESIDENT OF THE COUNTY IN WHICH
THE CENTER IS LOCATED, OR, IF THE CENTER IS A REGIONAL
ONE, HE WAS A RESIDENT OF ONE OF THE COUNTIES COMPRISING
THE REGION, AT THE TIME OF HIS ARREST; AND

(2)    HIS SENTENCE, EXCLUDING ANY SUSPENDED
PART OF IT, IS NOT MORE THAN 18 MONTHS; AND

(3)    HIS PLACEMENT IN THE CENTER IS
RECOMMENDED BY A PRESENTENCE INVESTIGATION REPORT
PREPARED FOR THE COURT BY THE APPROPRIATE PROBATION
DEPARTMENT, [[OR]] AND THE PLACEMENT IS ACCEPTED BY THE
DIRECTOR OF THE CENTER.

(B)    A PERSON MAY BE TRANSFERRED TO A CENTER BY THE
COMMISSIONER WITHOUT A RECOMMENDATION BY A COURT IF:

(1)    THE CONDITION STATED IN SUBSECTION
(A) (1) IS SATISFIED AND THE PERSON INTENDS TO RESIDE IN
SUCH COUNTY OR REGION UPON HIS RELEASE FROM CONFINEMENT;

(2)    HE HAS LESS THAN SIX MONTHS REMAINING ON
HIS SENTENCE OR LESS THAN SIX MONTHS TO SERVE PRIOR TO A
DETERMINED PAROLE DATE; AND

(3)    IF THE PERSON WAS CONVICTED OF A CRIME
OF VIOLENCE, HIS TRANSFER IS ACCEPTED BY THE DIRECTOR OF
THE CENTER.

(C)    FOR PURPOSES OF THIS SECTION, A CRIME OF
VIOLENCE MEANS ABDUCTION, ARSON, KIDNAPPING, MAIMING,
MURDER, RAPE, ROBBERY, INCLUDING ROBBERY WITH A DEADLY
WEAPON, AND ASSAULT WITH INTENT TO COMMIT ANY OF THESE
CRIMES.

(D)    A COURT MAY RECOMMEND PLACEMENT IN A CENTER AT
ANY TIME, BUT MAY NOT COMMIT A PERSON [[UNDER A SENTENCE
OF MORE THAN 90 DAYS]] DIRECTLY TO A CENTER. HOWEVER,
WITH RESPECT TO A PERSON DETAINED IN OR SENTENCED TO A
COUNTY JAIL, DETENTION CENTER, OR COUNTY AGENCY OPERATING
SUCH JAIL OR DETENTION CENTER, THE COURT THAT ORDERED THE
DETENTION OR IMPOSED THE SENTENCE, AT ANY TIME DURING THE

PERIOD OF CONFINEMENT, MAY, UPON A RECOMMENDATION OF THE

DIRECTOR OF THE CENTER AND THE CONCURRENCE OF THE

COMMISSIONER, APPROVE THE PERSON FOR TRANSFER TO A

CENTER; THE CENTER DIRECTOR MAY REVOKE A TRANSFER TO THE

CENTER UNDER THIS SUBSECTION IF THE PERSON VIOLATES THE
TERMS AND CONDITIONS OF THE CENTER.

 

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Session Laws, 1976
Volume 734, Page 493   View pdf image
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