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MARVIN MANDEL, Governor 2735
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10. LEAVE OF ABSENCE.
(A) PERSONS TRANSFERRED TO THE INSTITUTION FOR
TREATMENT ARE ELIGIBLE FOR THE WORK RELEASE AND LEAVE OF
ABSENCE PROGRAMS PROVIDED FOR IN SECTIONS 700A THROUGH
700D-1 OF ARTICLE 27 OF THE CODE. THE FUNCTIONS OF THE
WARDEN OR SUPERINTENDENT AND THE COMMISSIONER UNDER THOSE
SECTIONS SHALL BE PERFORMED BY THE BOARD OF REVIEW WITH
RESPECT TO PERSONS CONFINED IN THE INSTITUTION.
(B) IN ADDITION TO THESE PROGRAMS THE BOARD OF
REVIEW MAY GRANT EXTENDED LEAVE TO A DEFECTIVE DELINQUENT
AN ELIGIBLE PERSON FOR A PERIOD NOT TO EXCEED ONE YEAR IF
THE BOARD OF REVIEW CONCLUDES THAT THE EXTENDED LEAVE (1)
WILL NOT IMPOSE AN UNREASONABLE RISK ON SOCIETY AND (2)
WILL ASSIST IN THE TREATMENT AND REHABILITATION OF THE
DEFECTIVE DELINQUENT ELIGIBLE PERSON. THE BOARD OF
REVIEW MAY ATTACK REASONABLE CONDITIONS TO THE EXTENDED
LEAVE, AT ANY TIME MAKE REASONABLE AND APPROPRIATE
MODIFICATIONS OF THESE CONDITIONS, AND REVOKE THE LEAVE
IF IT FINES THAT THE PERSON HAS VIOLATED A CONDITION OF
THE LEAVE.
11. RELEASE FROM INSTITUTION.
(A) A DEFECTIVE DELINQUENT PERSON CONFINED AT THE
INSTITUTION SHALL BE RELEASED UPON EXPIRATION OF HIS
SENTENCE IN THE SAME MANNER AND SUBJECT TO THE SAME
CONDITIONS AS IF HE WERE BEING RELEASED FROM A
CORRECTIONAL FACILITY. THE DIRECTOR SHALL NOTIFY THE
COMMISSIONER 30 DAYS PRIOR TO THE RELEASE.
(B) AT ANY TIME AFTER TRANSFER OF A PERSON TO THE
INSTITUTION FOR TREATMENT AS A DEFECTIVE DELINQUENT AN
ELIGIBLE PERSON BUT PRIOR TO THE EXPIRATION OF THE
PERSON'S SENTENCE, THE BOARD OF REVIEW, UPON REVIEW OF
THE PERSON MAY TAKE THE FOLLOWING ACTION:
(1) IF THE BOARD OF REVIEW CONCLUDES THAT
THE PERSON IS NO LONGER A DEFECTIVE DELINQUENT AN
ELIGIBLE PERSON BUT SHOULD REMAIN CONFINED UNTIL RELEASED
ON PAROLE IN ACCORDANCE WITH NORMAL PAROLE COMMISSION
STANDARDS OR EXPIRATION OF HIS SENTENCE OR THE INMATE
REQUESTS A TRANSFER IN WRITING, THE DIRECTOR SHALL NOTIFY
THE COMMISSIONER AND SEND HIM A COPY OF THE EVALUATION
TEAM'S REPORT. WITHIN 30 90 DAYS AFTER THAT NOTICE, THE
PERSON SHALL BE DELIVERED TO THE APPROPRIATE CORRECTIONAL
FACILITY DESIGNATED BY THE COMMISSIONER. THIS TRANSFER
SHALL NOT AFFECT ANY RIGHT TO PAROLE CONSIDERATION THAT
THE PERSON MAY THEN HAVE.
(2) IF THE BOARD OF REVIEW CONCLUDES THAT
(1) IT WILL NOT IMPOSE AN UNREASONABLE RISK ON SOCIETY
AND (2) IT WILL ASSIST IN THE TREATMENT AND
REHABILITATION OF THE DEFECTIVE DELINQUENT ELIGIBLE
PERSON, IT SHALL GRANT A PAROLE FROM THE INSTITUTION FOR
A PERIOD NOT EXCEEDING ONE YEAR. THE BOARD OF REVIEW MAY
ATTACH REASONABLE CONDITIONS TO THE PAROLE, AT ANY TIME
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